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On the Regime of Aliens in Romania
Official Gazzete No. 421 of 5.6.2008
Government Emergency h
Ordinance No 194/2002 2010
on the regime of aliens in
Romania
CHAPTER I
General Provisions
ARTICLE 1
Regulatory Field
This emergency ordinance represents the frame regulating the entry, stay and
exit of aliens in/out of the Romanian territory, their rights and obligations as well
as specific measures for the control of immigration in accordance with the
obligations undertaken by Romania in international documents to which it is a
party.
ARTICLE 2
Definitions
For the purpose of this emergency ordinance, the terms and expressions below
have the following meanings:
b) Stateless person – the alien who does not have the citizenship of any state;
d) long term resident – alien holding a long term residence permit granted in
accordance with this emergency ordinance;
h) airport transit visa – has the meaning set out in Art. 2 point 5 of the Visa
Code;
r) Schengen State – state that applies in full the Schengen acquis in the field of
visas and immigration;
s) EU Blue Card – the residency permit for the purpose of employment entitled
«EU Blue Card» and granting its holder the right to stay and work on the territory
of Romania as employee in a highly qualified work place;
t) first Member State – the Member State granting the first “EU Blue Card”;
1. (i)
he crossed or attempted to cross the Romanian state border illegally;
2. (ii)
3. (iii)
he no longer fulfils the conditions for entry and/or stay, provided for by this
emergency ordinance;
1. (i)
2. (ii)
the alien failed to observe his obligation to periodically visit the territorial office of
the Romanian Immigration Office that ordered such measure or left the area of
jurisdiction of such office, in accordance with this emergency ordinance;
3. (iii)
4. (iv)
5. (v)
other reasons determined by the alien’s conduct;
amended by
Law No. 157/2011 – amending and supplementing several normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 3
Aliens’ Rights
(1) Aliens with legal stay in Romania shall benefit from the general protection of
persons and wealth, secured by the Constitution and other laws, as well as from
the rights provided for in the international treaties to which Romania is a party.
(2) Aliens with legal stay in Romania may move freely and may establish their
residence or, as the case may be, their domicile in any region of the Romanian
territory.
(3) Aliens with legal stay in Romania who temporarily leave the territory of the
Romanian State shall have the right to re-enter the territory within the validity
interval of the residence permit.
(4) Only aliens with residence and domicile in Romania may be beneficiaries of
social security measures taken by the state, under the same conditions as the
Romanian citizens.
(5) Aliens who were issued a document by the Romanian Immigration Office
shall have the right to check the personal data recorded in this document and, if
necessary, to request the correction or removal of data that are not accurate.
(6) Aliens attending the educational system at any level shall have access,
without any restrictions, to the educational and training activities in society.
ARTICLE 4
Aliens’ Obligations
(1) During their stay in Romania, aliens shall be bound to comply with the
Romanian legislation.
(4) Aliens on the Romanian territory shall be bound to comply with the purpose
for which the right to enter and, as the case may be, the right to stay on the
Romanian territory was granted, not to exceed the term for which the stay was
approved and to make all the efforts necessary for leaving Romania before the
term expires.
(5) Aliens entering or leaving the Romanian territory shall be bound to comply
with the state border crossing control, according to the law.
(6) Aliens on the Romanian territory shall be bound to comply, under the
restrictions of the law, with the control of the police authorities as well to the
control of other competent public authorities for this purpose.
ARTICLE 5
a) the number of work permits that may be issued to aliens for according to the
provisions of the special legislation on employment and the secondment of
aliens on Romanian territory;
b) draft agreements regarding the issues provided for at point (a), as well as
draft agreements of international cooperation which are intended to be
negotiated or renegotiated with third countries, when such agreements contain
provisions referring to the issues mentioned at point (a);
SECTION 1
ARTICLE 6
(1) Entry on the Romanian territory may be permitted to aliens complying with
the following conditions:
a) they hold a valid state border crossing document accepted by the Romanian
State;
b) they hold the Romanian visa issued in accordance with this emergency
ordinance or, as the case may be, they hold any authorization granting its holder
a right of transit or of residence on the territory of Romania under the normative
acts of the European Union, mandatory for and applicable to Romania, unless
as otherwise established by international agreements;
d) they present guarantees that they shall be allowed to enter the territory of the
state of destination or that shall leave the territory of Romania, in the case of
aliens in transit;
e) they are not included in the category of aliens against whom the measure of
interdicting the entry on the Romanian territory has been applied or who were
declared undesirable;
f) repealed;
g) their names have not been entered with alert into the Schengen Information
System for the purpose of being denied the entry;
h) they do not represent a danger to the national defence and security, or public
order, health or ethics.
(3) Aliens stationed in the international transit areas of the airports, in transit
areas at state border crossing or in accommodation centres having the status of
transit area or on ships or vessels stationed in sea or river ports or that are in
transit on the Danube or in the border waters, shall not be subject to the
provisions of this Emergency Ordinance referring to the conditions of entry and
stay of aliens on the territory of Romania.
(4) Entry of aliens onto the territory of Romania shall be made in any state
border crossing point open to international people’s traffic.
(5) Crossing of the state border by aliens may be also made in other locations,
according to the conditions provided for by bilateral agreements and
understandings or by other border crossing points, only with the approval of the
competent authority.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
Obligations of Carriers
(2) In the case the provisions in paragraph (1) are not complied with, the
respective transportation company shall be bound to ensure the immediate
transport of the respective aliens to the place of embarkation or to other place
which the alien accepts and where he is accepted. If this is not possible, the
carrier shall be bound to bear the expenses for accommodation and support, as
well as all other expenses incurred with the removal of such persons from
Romania, hereinafter referred to as removal.
b) the authorities of the country of destination do not allow the entry of aliens
and return them to Romania.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 8
(1) Aliens shall be interdicted to enter the territory of the Romanian State if:
d) there are serious reasons to consider that they have committed criminal
offences or took part in committing criminal offences against peace and
humanity, war crimes or crimes against humanity, provided for in the
international conventions to which Romania is party.
(2) Competent authorities may also deny the entry of aliens on the territory of
the Romanian State in the following circumstances:
c) suffer from serious illnesses which may seriously endanger public health, as
defined by order of the minister of public health.
(3) The bodies and institutions holding data and information regarding cases of
the nature of those provided for in paragraphs (1) and (2) may request the
General Inspectorate of Border Police or the Romanian Immigration Office to
order the measure of denial of entry in Romania, in accordance with this
emergency ordinance.
(4) The measure of not allowing the alien to enter the Romanian territory shall
be justified by the border police authorities and shall be immediately notified to
the person in question, using the form provided in Part B of Annex V to
Regulation (EC ) No 562/2006 of the European Parliament and of the Council of
15 March 2006 establishing a Community Code on the rules governing the
movement of persons across borders (Schengen Borders Code), published in
Official Journal of the European Union (OJEU) L 105 of 13 April 2006,
hereinafter referred to as the Schengen Borders Code, as well as to the
Consular Department within the Ministry of Foreign Affairs.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 9
Aliens’ Obligations
(1) The alien who was interdicted to enter Romania shall be bound to
immediately leave the border crossing checking point for the country of origin or
any other destination that he wants, except Romania.
(2) In the case the immediate leave of the alien provided for in paragraph 1 is
not possible, the border police units may take measures of accommodating the
alien in a space arranged in this respect in the transit area, set at their disposal
by the administrator of the border crossing point or, if such is not possible, in
another locality outside the border crossing point, having a transit area regime,
up to the moment the reasons that make his leaving the territory impossible
shall cease, but not exceeding 24 hours from the date of accommodation.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 10
(1) The state border shall be crossed via the border crossing points or via other
places established for border crossing only based on documents accepted by
the Romanian state, in accordance with the international agreements to which
Romania is a party or the European rules in the field of border crossing.
(2) Aliens included in a state border crossing document of another person may
enter and leave Romania only accompanied by the holder of the document.
(3) The Ministry of Foreign Affairs, with the approval of the Ministry of
Administration and Interior, shall update on an annual basis the list containing
the state border crossing documents accepted by the Romanian State issued by
states or international entities, which are approved by Government decision.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
SECTION 2
ARTICLE 11
(1) Aliens with temporary legal stay in Romania may remain on the territory of
the Romanian State only up to the expiry date of the right to stay granted by visa
or, if the case, by the residence permit.
(3) Aliens who possess a visa issued by a Schengen state in accordance with
the Visa Code, except for those subject to a limitation for the territory of
Romania, may enter and stay in Romania in observance of the validity of their
visas and of the stay period allowed by such visa.
(4) Aliens who do not have the obligation to obtain the visa in accordance with
the provisions of Council Regulation (EC) No 539/2001 of 15 March 2001 listing
the third countries whose nationals must be in possession of visas when
crossing the external borders and those whose nationals are exempt from that
requirement, published in European Community Official Journal No L 81 of 21
March 2001 shall be allowed to enter the territory of the Romanian State and
may remain up to 3 months in an interval of 6 months, starting the date of their
first entry on the territory of any Schengen state.
(5) The aliens holding long-stay visas or residence permits issued by other
Schengen states shall be allowed to enter the territory of the Romanian State
and may remain up to 3 months in an interval of 6 months, starting the date of
their first entry, calculated for the entire duration of their actual stay on the
territory of the other Schengen states, other than that that issued the long-stay
visa or the residence permit.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 12
(1) An alien who has legally entered the territory of Romania, as well as the
person accommodating him, shall be liable to notify his arrival to the competent
territorial police authority, within 3 days from arrival or accommodation.
(2) In the situation of accommodation in hotels or other tourist venues, the alien
shall fulfil the registration formalities with the relevant administration, which,
within 24 hours, shall notify the necessary data to the competent territorial police
body.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 13
(1) Over the duration of residence in Romania, aliens are liable to declare to the
territorial office of the Romanian Immigration Office which has granted the
residence permit, the following:
(2) The alien changing residence or domicile shall be obliged, within 15 days
from moving to the new address, to appear before the territorial office of the
Romanian Immigration Office, in order to be registered and corresponding
mentions to be made in the identification document.
(3) Theft or loss of the border crossing documents shall be notified to the
territorial competent police body.
(4) Statements provided for in paragraph (1) shall be made within 30 days, and
those mentioned under paragraph (3), within 48 hours.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
SECTION 3
ARTICLE 14
Exit of Aliens
(1) In the case the alien no longer possesses the state border crossing
document on the basis of which he entered the Romanian territory, he must
submit upon leaving Romania a new valid state border crossing document.
(2) The person having the citizenship of several states shall present upon
leaving the country the state border crossing document on the basis of which he
entered the Romanian territory. On exceptional occasions, the border police
authorities may allow aliens to leave the country also on the basis of the
document certifying a different citizenship.
ARTICLE 15
(1) The aliens shall not be allowed to leave the country under the following
circumstances:
a) they are charged or accused in a penal case and the prosecutor orders the
implementation of the interdiction measure of leaving the town or the country;
b) they were sentenced by a final court decision and they have to carry a prison
sentence.
(2) In the situations mentioned under paragraph (1), the measure to prohibit exit
from the territory of Romania shall be taken by the competent body of the
Ministry of Administration and Interior, only on the basis of a document
concluded by the prosecutor, courts of law or other bodies enabled by law to
enforce execution of detention, that include such a measure and are sent for
application.
(3) Repealed.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 16
The revocation of the interdiction measure of leaving the territory shall be made
by cancelling the nominal confinement upon the written request of the public
authority with such a competence according to the law, for the cases in Art. 15
(1).
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
1
CHAPTER II
1
ARTICLE 16
Regulatory Field
Small border traffic shall be carried out in accordance with the bilateral
agreements concluded by Romania with neighbouring third countries according
to the provisions of Art. 1 (2) and Art. 13 (1) Regulation (EC) No 1931/2006 of
the European Parliament and of the Council of 20 December 2006 laying down
rules on local border traffic at the external land borders of the Member States
and amending the provisions of the Schengen Convention, published in Official
Journal of the European Union (JOUE) L 405 of 30 December 2006.
amended by
Government Emergency Ordinance No. 12/2010 - supplementing Government
Emergency Ordinance No 194/2002 on the regime of aliens in Romania of 23
February 2010, Official Gazette No. 136/2010;
2
ARTICLE 16
(1) The small border traffic permits shall be issued by the diplomatic missions
and consular offices of Romania in the neighbouring third countries with which
1
Romania has concluded the agreements provided for in Art. 16 , under the
conditions established in such agreements.
(2) The documents provided for in paragraph (1) shall be issued within
maximum 60 days from the lodging of the application.
(3) In order to approve the applications for small border traffic permits, the
diplomatic missions and consular offices shall request the approval of the
Romanian Immigration Office only in the cases established by protocol,
approved by common order of the minister of foreign affairs and the minister of
administration and interior.
(5) The Romanian Immigration Office shall issue the approval within maximum
30 days from the receipt of the request from the diplomatic missions and
consular offices.
amended by
Government Emergency Ordinance No. 12/2010 - supplementing Government
Emergency Ordinance No 194/2002 on the regime of aliens in Romania of 23
February 2010, Official Gazette No. 136/2010;
3
ARTICLE 16
(1) The small border traffic permit, issued to the alien in accordance with this
emergency ordinance, represents the document entitling the residents in the
border area to cross the common state border, in small border traffic regime,
according to Regulation (EC) No 1931/2006 and based on the agreements
1
provided for in Art. 16 .
(2) The holder of the small border traffic permit has the obligation to
permanently carry the document, not to alienate it and to present it to the
competent authorities, whenever requested.
(3) The holder of the small border traffic permit has the obligation to notify the
competent border police bodies of the theft, loss, damage or destruction of the
small border traffic permit, within maximum 5 days from becoming aware of any
of such situation.
2
(4) The alien shall be issued, by the competent bodies provided for in Art. 16 (1)
a new small border traffic permit to replace the one declared stolen, lost,
damaged or destructed, after fulfilling all of the issuance formalities.
(5) The form and content of the small border traffic permits shall be established
by Government decision. The Minister of Foreign Affairs shall communicate to
the European Commission and the other Member States of the European Union
the model of the local border crossing permit.
(6) Based on Art. 12 (2) of Regulation (EC) No 1931/2006, the records of small
border traffic permits requested, issued, annulled or revoked shall be kept, at a
national level, in a central register, in electronic format, by the Romanian
Immigration Office, which is declared the national contact point, in charge of
managing and supplying the data included in such register. The central register
shall be filled in and updated by all of the authorities having responsibilities in
the field of small border traffic.
amended by
Government Emergency Ordinance No. 12/2010 - supplementing Government
Emergency Ordinance No 194/2002 on the regime of aliens in Romania of 23
February 2010, Official Gazette No. 136/2010;
4
ARTICLE 16
(1) The small border traffic permit may be annulled or revoked abroad by the
diplomatic missions or consular offices of Romania, and in the country by the
border police bodies, upon the control for crossing the state border, or by the
Romanian Immigration Office when the aliens are located on the territory of the
Romanian state.
(2) The enforcement of the annulment or revocation measure of the small border
traffic permit shall be performed by the border police bodies, or, as the case
may be, of the Romanian Immigration Office.
(3) The authorities provided for in paragraph (1) may take the measure of
annulment of the small border traffic permit in the following situations:
b) the aliens obtained the small border traffic permit based on false documents
or information;
(4) The measure of revocation of the small border traffic permit may be ordered
by the authorities provided for in paragraph (1) in the following situations:
a) the aliens no longer meet the conditions required for being issued the small
border traffic permit;
b) after being issued the small border traffic permit the aliens were declared
undesirable or the measure of interdiction to enter Romania was ordered
against them;
c) the aliens recidivate in crossing the border area provided for small traffic.
(5) The decision to annul or, as the case may be, revoke a small border traffic
permit, taken by the competent authority according to paragraph (1), shall be
communicated to the alien in writing, together with the grounds it was based on,
by:
a) the diplomatic mission or the consular office that issued the small border
traffic permit, when the applicant is abroad;
b) by the border police bodies, when he is at the state border crossing point;
c) by the Romanian Immigration Office, when the person at issue is in Romania,
by the return decision provided for in Art. 82 (3)(a)(ii), unless the small border
traffic permit was annulled according to the provisions of paragraph (3)(e) or
was revoked according to paragraph (4)(b) or (c), in which cases the decision to
return under escort provided for in Art. 82 (5) shall be issued.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
5
ARTICLE 16
(1) If the holder of the small border traffic permit exceeds the residence period
established by the agreement regulating the legal regime regarding the small
common border traffic, the minor offence related sanction shall be applied to him
by fine between RON 600 and RON 1,200 and the decision to return provided
for in Art. 82 (3)(a)(i) shall be issued.
(2) If the holder of the small border traffic permit exceeds the border area
established by the agreement regulating the legal regime regarding the small
common border traffic, the minor offence related sanction shall be applied to him
by fine between RON 600 and RON 1,200 and the decision to return provided
for in Art. 82 (3)(a)(i) shall be issued.
(3) If the holder of the small border traffic permit fails to observe the provisions
3
of Art. 16 (2), the minor offence related sanction shall be applied to him by fine
between RON 100 and RON 500.
(4) If the holder of the small border traffic permit fails to observe the term for
declaring the theft, loss, damage or destruction of the small border traffic permit,
3
provided for in Art. 16 (3), the minor offence related sanction shall be applied to
him by fine between RON 100 and RON 500.
(5) The holder of the small border traffic permit shall be applied the minor
offence sanction of interdiction to enter Romania, as follows:
1. (i)
one year in the case of illegal stay of 30 days to one year or if the alien failed to
observe the decision to return;
2. (ii)
(7) The interdiction to enter the country shall be ordered in accordance with the
provisions of Art. 105.
(8) In the cases provided for in paragraph (5)(a), the establishment of the
interdiction shall be performed in accordance with the provisions of Art. 106 (2).
(9) In accordance with Art. 17 (3) of Regulation (EC) No 1931/2006, the records
of all cases of abusive use of the regime specific to small border traffic and the
sanctions applied shall be kept at a national level in a special register, in
electronic format, by the Romanian Immigration Office, which is responsible for
the management and supply of the data included in such register. The special
register shall be filled in and updated by all of the authorities having
responsibilities in the field of small border traffic.
amended by
Government Emergency Ordinance No. 12/2010 - supplementing Government
Emergency Ordinance No 194/2002 on the regime of aliens in Romania of 23
February 2010, Official Gazette No. 136/2010;
amended by
Government Emergency Ordinance No. 12/2010 - supplementing Government
Emergency Ordinance No 194/2002 on the regime of aliens in Romania of 23
February 2010, Official Gazette No. 136/2010;
CHAPTER III
SECTION 1
General Provisions
ARTICLE 17
Visa form, content and security elements shall be approved by decision of the
Romanian Government at the proposal of the Ministry of Foreign Affairs after
consulting the Ministry of Interior and Administrative Reform and in accordance
with the standards of the European Union in this field.
ARTICLE 18
(1) A visa confers the right to its holder to enter the territory of Romania only in
the case when, upon his appearing at the state border crossing point, the
officers of the Romanian Border Police ascertain that none of the reasons for
interdiction to enter Romania, provided for in Art. 8 (1) and (2) exists.
(2) The right of stay granted by the visa may only be exercised during the
validity period of the visa.
ARTICLE 19
(2) Aliens pilots of aircraft as well as the other crew members, holders of a flight
license or crew license, provided for in Annex No 9 to the Convention on
International Civil Aviation, signed in Chicago on 7 December 1944, are exempt
from the obligation to possess a passport and visa only in case they are on
assignment and:
c) they do not leave the territory of the city situated near the airport;
d) they leave the airport only for the purpose to be transferred to another
Romanian airport.
SECTION 2
Types of Visas
ARTICLE 20
Types of Visas
b) repealed;
2. (ii)
3. (iii)
4. (iv)
6. (v)
7. (vi)
8. (vii)
9. (viii)
10. (ix)
11. (x)
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 21
(1) The airport transit visa shall be issued in the situations provided for in Art. 3
of the Visa Code.
(2) the application of the situations provided for in Art. 3 (2) of the Visa Code
shall be established by common order of the minister of foreign affairs and the
minister of administration and interior, which is published in the Official Gazette
of Romania, Part I.
(3) The Ministry of Foreign Affairs informs the European Commission with
regard to the issuance or abrogation of the common order provided for in
paragraph (2).
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 22
Transit Visa
Abrogated.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 23
Short-Stay Visa
(1) The short-stay visa is the visa that allows the aliens request entrance on the
Romanian territory for any reason other than immigration, with a view to an
uninterrupted stay or several stay intervals whose total duration should not
exceed 90 days within any 6 months as of the first entry. Such type of visa may
be issued with one or multiple entries.
(2) Repealed.
(3) In the case of aliens travelling frequently to Romania, for business co-
operation relationships, upon the request of the central administrative authorities
or the companies with a far-reaching economic and financial power, the short-
stay visa with multiple entries may be also granted for one year and,
exceptionally, for a period of up to 5 years. Also in this case, the duration of the
stay cannot exceed 90 days within 6 months.
(4) This type of visa shall be granted for the following purposes:
c) visit – to the alien who intends to travel to Romania in order to visit Romanian
citizens or aliens with a valid stay permit;
e) transportation – to the alien who is to travel for short periods of time in order
to carry out professional activities related to goods or persons transportation;
f) sports – to the alien who is to enter Romania for a limited interval in order to
participate in occasional sports competitions;
(5) The right to stay in Romania, granted to the alien through the short stay visa,
cannot be extended.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 23
Short-Stay Visa
The short stay visa shall be issued in the conditions and for the purposes
provided for in the Visa Code.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 24
Long-Stay Visa
(1) The long-stay visa shall be granted to aliens, upon request, for a period of 90
days with one or more entries, for the following purposes:
d) employment – to aliens who are to enter Romania with the view to being
employed. The visa granted for such purpose shall be issued also to sportsmen
who are to perform in certain clubs and teams in Romania, on the basis on an
employment contract or a civil convention, according to law;
1
d ) secondment – to qualified aliens, employees of a foreign legal entity, who
can conduct activities on the territory of Romania, in the following situations:
they are seconded on the territory of Romania in the name of the company or
under its coordination, based on a contract concluded between the company
granting the secondment and the beneficiary of the services that conducts its
activity in Romania, are seconded to a unit located in Romania or to a company
belonging to a group of companies located in Romania;
g) religious activities - to aliens who are to enter Romania in order to carry out
activities in the field of acknowledged cults, at their request;
i) other purposes.
(2) Long-stay visa allows the aliens who entered the Romanian territory to
request the extension of the temporary stay right and obtain a stay permit.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 25
(1) The diplomatic visa and service visa shall allow the entry in Romania usually
for a long-stay period to the aliens holding a diplomatic, respectively service
passport who are to occupy an official position as members of a diplomatic
representative office or of a consular office of the affiliation state in Romania.
(2) Such types of visas shall be issued to the holders of diplomatic, respectively
service passports or assimilated to those, upon the request of the Ministry of
Foreign Affairs of the submitting state or of its diplomatic or consular
representative office, as well as to the family members with whom the holder
lives and shall be valid for their mission interval or in accordance with the
bilateral agreements to which Romania is a party.
ARTICLE 26
Collective Visa
Repealed.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
SECTION a 3-a
ARTICLE 27
(1) The Romanian authorities shall grant to aliens, upon request, visas from
among those provided for in Art. 20, under the conditions and for the purposes
provided for in the Visa Code or in this government emergency ordinance, as
the case may be.
(2) The Ministry of Foreign Affairs shall inform the European Commission of the
representation conventions concluded based on Art. 8 of the Visa Code.
(3) The list of states whose citizens require a visa in order to enter the territory
of Romania is provided for in Annex I to Council Regulation (EC) No 539/2001.
a) the conditions regarding the entry in Romania, in Art. 6 (1)(a), (c)–(h) are
complied with;
c) no alert regarding the denial to issue a visa was introduced in the name of the
alien in the Integrated Information System for the management of migration and
asylum;
d) there are no reasons to consider that the visa is requested for the purpose of
illegal immigration;
e) the alien was not finally sentenced for having committed offences abroad
incompatible with the purpose for which he requests the visa;
f) the general conditions provided for in this section, as well as the special
conditions for visa granting function of the purpose for which the visa is
requested, are complied with.
(5) If the aliens do not meet the conditions provided for in paragraph (4)(a)
because they are the object of an alert entered in the Schengen Information
System by another Schengen state for the purpose of interdicting entry, the
long-stay visa shall only be granted for justified reasons, particularly for
humanitarian reasons or further to international obligations and only after
consulting the Schengen state that entered the alert, in accordance with the
procedure provided in the Sirene Manual.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 28
(1) The validity conditions of the travel document on which the airport transit visa
or the short stay visa is to be applied are those provided for in Art. 12 of the Visa
Code.
(2) The conditions related to the validity of the travel document provided for in
Art. 12 of the Visa Code shall also apply to the travel documents on which the
long-stay visa is to be applied.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
1
ARTICLE 28
Conditions Regarding Requesting the Airport Transit Visa and the Short
Stay Visa
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 29
(2) Cash in convertible currency, travel cheques, cheque books over an account
in estimates, credit cards with a statement of account dated no more than 2
days before the request of visa or any other method allowing the justification of
a guarantee of the resources in estimates may be accepted as proof of the
financial means.
(3) Upon requesting the long-stay visa for Romania, the applicant is usually
called to an interview.
(4) The application for long-stay visa shall not be accepted in the following
cases:
b) the good-faith of the applicant was not proven or it was found that the alien
does not meet the general and special conditions for being granted a long-stay
visa provided for herein.
(5) Upon requesting a long-stay visa, the aliens must personally appear before
the competent authorities granting the visa.
(6) An exception from the provisions of paragraphs 3 and 5 are the important
personalities in the social, cultural, political or economical sphere or the cases in
which aliens have to cover a large distance to present themselves to the
diplomatic mission or the consular office and only if there is no doubt regarding
their good faith and in the cases of travels in group when a well-known and
trustworthy institution is liable for the good faith of the applicants.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 30
(2) The list of states whose citizens require a visa to enter the territory of
Romania is provided in Annex I to Council Regulation (EC) No 539/2001 listing
the third countries whose nationals must be in possession of visas when
crossing the external borders and those whose nationals are exempt from that
requirement, published in Official Journal of the European Community L No 81
of 21 March 2001.
(3) The short-term visa shall be granted by the diplomatic missions and consular
offices of Romania as follows:
a) without prior approval of the National Visa Centre, for aliens who originate
from the countries included on the list mentioned in paragraph (2), for whom the
invitation procedure is not required;
b) with prior approval of the National Visa Centre, for aliens who originate from
the countries included on the list mentioned in Art. 37 (2).
(4) In order to approve short-term visas applications, the National Visa Centre
shall request the approval of the Romanian Immigration Office only in such
cases which are established by a protocol approved by common order of the
minister of foreign affairs and the minister of the interior and administrative
reform.
(6) The Romanian Immigration Office shall issue the approval within a maximum
of 7 working days from the date of receipt of the request from the National Visa
Centre. In justified situations, the time limit may be extended by up to 7 working
days.
(7) The long-term residence visa shall be granted by diplomatic missions and
consular offices of Romania upon approval of the National Visa Centre, only
after obtaining the agreement from the Romanian Immigration Office.
(10) The long-stay visa for aliens who are family members of Romanian citizens
shall be granted by the diplomatic missions and consular offices of Romania
without payment of consular fees.
(11) If the issuing diplomatic mission or consular office identifies an error after
the application of the visa sticker on the travel document, the visa sticker shall
be annulled by being crossed with a non-erasable ink and another visa sticker
shall be applied on a different page.
(12) In order to receive the visa applications and to issue visas, Romania may
conclude bilateral representation agreements with any of the Schengen states.
Such agreements shall be concluded by the Ministry of Foreign Affairs in
simplified form and shall mention the duration and scope, the acceptance or
denial competencies of the visa applications, as well as the termination
modalities. Romania, if it is a represented state, shall notify the European
Commission with regard to the concluded agreements, upon the entry into force
and termination thereof.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 30
(1) The airport transit visa shall be granted by the diplomatic missions and
consular offices of Romania:
a) without prior approval of the National Visa Centre, for aliens who originate
from the countries included on the list mentioned in Art. 27 (3), for whom the
invitation procedure is not required;
b) with prior approval of the National Visa Centre, for aliens who originate from
the countries included on the list mentioned in Art. 37 (2).
(2) In order to approve short-term visas applications, the National Visa Centre
may:
a) request the approval of the Romanian Immigration Office in such cases which
are established by a protocol approved by common order of the minister of
foreign affairs and the minister of administration and interior;
(4) The Romanian Immigration Office shall issue the approval mentioned by
paragraph (2) within maximum of 7 working days from the date of receipt of the
request from the National Visa Centre. In justified situations, the time limit may
be extended by up to 7 working days.
(5) The airport transit and short stay visas shall be granted by the competent
authorities of other Schengen states, according to the representation
agreements concluded based on Art. 8 of the Visa Code.
(6) The short stay visa shall be issued by the border police bodies, at the
external border crossing points, according to the provisions of Art. 35 and 36 of
the Visa Code.
(7) The long-stay visa shall be issued by the diplomatic missions and consular
offices of Romania, with the approval of the National Visa Centre, only after
obtaining the approval of the Romanian Immigration Office.
(8) The approval of the Romanian Immigration Office provided for in paragraph
(7) ascertains the fulfilment of the conditions provided for in Art. 6 (1)(a), (e), (g)
and (h), Art. 8 (1)(b) to (d) and Art. 27 (4)(c) and (d), as well as of the special
conditions for each type of long-stay visa.
(9) The Romanian Immigration Office shall issue the approval mentioned by
paragraph (7) within a time limit of up to 30 days from the date of receipt of the
request from the Ministry of Foreign Affairs. In justified situations, when the
application requires a more thorough analysis, the time limit may be extended
by 15 working days.
(10) The long-stay visa for aliens who are family members of Romanian citizens
shall be granted by the diplomatic missions and consular offices of Romania
without payment of consular fees.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 31
(1) The conditions in which the applications for issuance of the airport transit
visa or the short stay visa are settled are those provided for by Art. 23 of the
Visa Code.
(2) The applications to issue a long-stay visa shall be settled, in the sense of
granting the long-stay visa or in the sense of denying granting the long-stay
visa, shall be settled within up to 60 days from the submission thereof, after
verifying the fulfilment of the general and special conditions set out herein.
(3) Within the Ministry of Foreign Affairs, the Commission for Settlement of
challenges to the denial to grant the visas shall be established, whose
competencies, operation regulation and working procedures shall be established
by order of the minister of foreign affairs.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 32
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 33
(1) Visa may be annulled or revoked abroad by the diplomatic missions or the
consular offices of Romania and on the Romanian territory by the border police
bodies on the occasion of the state border crossing checks, or upon finding
persons who illegally crossed or attempted to illegally cross the state border or
by the Romanian Immigration Office when aliens are on the Romanian territory.
The execution of the annulment or revocation measure in the country shall be
made by the border police bodies or, as the case may be, by the bodies of the
Romanian Immigration Office.
(2) The authorities provided for in paragraph 1 may take the measure of
annulling a visa under the following circumstances:
a) it is established that, upon requesting the visa, the aliens did not meet the
conditions provided for by this ordinance;
b) the aliens obtained the entry visa on the basis of false documents or
information;
c) the aliens introduced or tried to illegally introduce other aliens into Romania or
facilitated their transportation or accommodation;
(3) The measure of revoking a visa may be taken by the authorities provided for
in paragraph 1 in the following circumstances:
a) the aliens no longer meet the conditions required upon granting the visa;
b) the purpose for which the visa was granted is not complied with;
c) the measure of interdiction to enter Romania was taken against the aliens or
they were declared undesirable after being granted a visa.
(4) In case the alien is abroad, the diplomatic mission or consular office which
granted the visa shall notify in writing the alien on the decision for annulling or,
as the case may be, revocation of visa, together with the reasons for this
decision, in case the alien is at the border crossing point, he shall be notified by
the border police and in case the alien is in Romania he shall be informed by the
Romanian Immigration Office through the order of leaving the territory, provided
for in Art. 82. As of the date of the notification, the annulment shall have
retroactive effects and the revocation only subsequent effects in the future.
1
(4 ) The decision to annul or, as the case may be, to revoke, the visa issued by
the diplomatic missions or consular offices of Romania, or as the case may be,
by the border police bodies may be challenged according to the laws on
administrative disputes. The decision to annul or revoke the visa issued by the
Romanian Immigration Office may be challenged in accordance with the
provisions of Art. 84.
(6) At the state border crossing check, the border police authorities limit the
validity period of the visa in the case they come to the conclusion that the alien
does not have the means of support for the entire validity period of the visa. The
limiting of the visa shall materialize through inscribing on the visa the period for
which they consider that the alien has the means of support, according to the
law.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 33
Annulment and revocation of the Visa
(1) Visa may be annulled or revoked abroad by the diplomatic missions or the
consular offices of Romania and on the Romanian territory by the border police
bodies on the occasion of the state border crossing checks, or upon finding
persons who illegally crossed or attempted to illegally cross the state border, or
by the Romanian Immigration Office when aliens are on the Romanian territory.
The execution of the annulment or revocation measure in the country shall be
made by the border police bodies or, as the case may be, by the bodies of the
Romanian Immigration Office.
(2) The authorities provided for in paragraph 1 may take the measure of
annulling a long-stay visa under the following circumstances:
a) it is established that, upon requesting the visa, the aliens did not meet the
conditions provided for by this ordinance;
b) the aliens obtained the entry visa on the basis of false documents or
information;
c) the aliens introduced or tried to illegally introduce other aliens into Romania or
facilitated their transportation or accommodation;
(3) The measure of revoking a long-stay visa may be taken by the authorities
provided for in paragraph 1 in the following circumstances:
a) the aliens no longer meet the conditions required upon granting the visa;
b) the purpose for which the visa was granted is not complied with;
c) the measure of interdiction to enter Romania was taken against the aliens or
they were declared undesirable after being granted a visa.
(4) In case the alien is abroad, the diplomatic mission or consular office which
granted the visa shall notify in writing the alien on the decision for annulling or,
as the case may be, revocation of visa, together with the reasons for this
decision, in case the alien is at the border crossing point, he shall be notified by
the border police and in case the alien is in Romania he shall be informed by the
Romanian Immigration Office through the order of leaving the territory, provided
for in Art. 82. As of the date of the notification, the annulment shall have
retroactive effects and the revocation only subsequent effects in the future.
1
(4 ) The decision to annul or, as the case may be, to revoke, the visa issued by
the diplomatic missions or consular offices of Romania may be challenged
before the commission provided for in Art. 31 (3). The decision to annul or
revoke the visa issued by the border police bodies may be challenged according
to the laws on administrative disputes. The decision to annul or revoke the visa
issued by the Romanian Immigration Office may be challenged in accordance
with the provisions of Art. 84.
2
(4 ) The decision to annul or, as the case may be, to revoke, the airport transit
visa or the short stay visa shall be communicated to the applicant by the
authorities provided for in paragraph (4) using the form provided for in Annex IV
to the Visa Code.
(5) The annulment or revocation of the airport transit visas, of the short stay
visas or of the long-stay visas shall be materialized on the visa sticker by
performing the operations provided for in Art. 34 (5) of the Visa Code.
1
(5 ) In the case of annulment or revocation of a visa issued by another
Schengen state, the authority that ordered the measure shall communicate it to
the Consular Department within the Ministry of Foreign Affairs, in order to inform
the issuing state.
(6) Abrogated.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
1
ARTICLE 33
(2) The national authority competent to extend the visa provided for in
paragraph (1), applied on simple passports, is the Romanian Immigration Office
and its territorial offices, and for those applied on the service or diplomatic
passports, such authority is the Ministry of Foreign Affairs.
SECTION 4
ARTICLE 34
(1) Airport transit visa shall be issued by the Romanian diplomatic missions or
consular offices with the prior approval of the Consular Department of the
Ministry of Foreign Affairs, in the conditions established by the Visa Code.
(2) This type of visa shall not be necessary in the cases provided for in Art. 3 (5)
of the Visa Code.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 35
(1) The transit visa shall be granted to applicants under the following conditions:
a) they hold the visa of a third state and, if necessary, of a state bordering
Romania enabling aliens to continue their travel;
b) they have a travel ticket valid to the destination point or they present their
driving license, the green card and the record documents of the means of
transportation, in the case of vehicle drivers.
(2) The persons accompanying the drivers, travelling together with the latter, are
exempted from complying with the condition provided for in paragraph (1)(b).
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 36
(1) Function of the purpose for which this type of visa has been requested, the
fulfilment of the following conditions shall be necessary:
a) mission – the visa shall be granted to aliens proving that they have one of the
qualities provided for in Art. 23 (4)(a) and travel to Romania pursuant to such
qualities;
1. (i)
a voucher or firm reservation from a tourist accommodation unit and the trip
plan;
2. (ii)
a travel ticket valid to the destination point or the driving license, green card and
the registration documents of the means of transport in the case of vehicle
drivers;
3. (iii)
medical insurance;
4. (iv)
the proof of the financial means in amount of EUR 50/day for the entire period
but not less than EUR 500 or the equivalent value in convertible currency;
1. (i)
a travel ticket valid to the destination point or the driving license, green card and
the registration documents of the means of transport, in the case of vehicle
drivers;
2. (ii)
medical insurance;
3. (iii)
4. (iv)
the proof of the financial means in amount of EUR 50/day, but not less than
EUR 500 or the equivalent value in convertible currency for the entire period of
time, if the visited person does not ensure the means of subsistence;
5. (v)
1. (i)
a travel ticket valid to the destination point or the driving license, green card and
the registration documents of the means of transport, in the case of vehicle
drivers;
2. (ii)
medical insurance;
3. (iii)
4. (iv)
the proof of the financial means in amount of EUR 50/day, but not less than
EUR 500 or the equivalent value in convertible currency for the entire period of
time;
5. (v)
1. (i)
2. (ii)
medical insurance;
3. (iii)
the driving license, green card and the registration documents of the means of
transport;
4. (iv)
1. (i)
the invitation of the organizers attesting medical insurance and accommodation;
2. (ii)
the official list of the foreign sports association specifying the position of each
member;
3. (iii)
Abrogated;
1. (i)
documents issued by the institutions where they are to travel to in order to justify
their presence in Romania;
2. (ii)
a travel ticket valid to the destination point or the driving license, green card and
the registration documents of the means of transport, in the case of vehicle
drivers;
3. (iii)
the proof of the financial means in amount of EUR 50/day, but not less than
EUR 500 or the equivalent value in convertible currency for the entire period of
time.
4. (iv)
medical insurance;
5. (v)
(2) The persons accompanying the drivers, travelling together with the latter, are
exempted from complying with the condition provided for in paragraph (1)(b)(ii),
(c)(i), (d)(i) and (g)(ii).
(3) The denial to grant the short stay visa may not be challenged.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 36
Depending on the purpose for which the short stay visa was requested, the alien
has to present certain supporting documents, in accordance with the provisions
of Art. 14 and of Annex II to the Visa Code.
SECTION 5
ARTICLE 37
Scope of Application
(1) Granting short-term visas to aliens originating from states mentioned in the
list provided for by Art. 27 (3), for which the invitation procedure is established,
shall be made with the observance of the conditions for granting them and the
special provisions hereof.
(2) The list of the states for whose citizens these provisions are applicable shall
be determined by the Ministry of Foreign Affairs, upon agreement of the Ministry
of the Interior and Administrative Reform.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 38
Invitation Procedure
(1) The aliens in the category in Art. 37 (1), holders of simple passports, may be
granted a short-stay visa with a single or several entries if they submit to the
diplomatic missions and the consular offices a written invitation from a natural or
legal entity, revealing that they shall ensure the costs of removal if the alien
invited does not leave Romania prior to the date when the right of stay provided
by the visa expires, for the following purposes:
1. (i)
the identity card or passport for Romanian citizens, the identity card or passport
and the registration certificate, the residence card or the permanent residence
card for the citizens of the Member States of the European Union, of the
European Economic Space, and for the citizens of the Swiss Confederation, as
well as for their family members and the passport and residence permit for
aliens, in original and in copy;
2. (ii)
3. (iii)
the proof of the possibilities of providing support for the alien invited of at least
EUR 30/day for the entire period of the invitation;
4. (iv)
copy of the state border crossing document belonging to the alien invited;
5. (v)
b) tourism – the companies with tourist profile may make invitations nominally
for each alien invited if they submit the following documents:
1. (i)
2. (ii)
Company status certificate issued by the National Trade Register Office and, if
applicable, the power of attorney from the trade company to the person
appointed to make the invitation in its name;
3. (iii)
the identity card or the residence permit, as the case may be, of the empowered
person;
4. (iv)
5. (v)
1. (i)
2. (ii)
Company status certificate issued by the National Trade Register Office and, if
applicable, the power of attorney from the trade company to the person
appointed to make the invitation in its name;
3. (iii)
the identity card or the residence permit, as the case may be, of the empowered
person;
4. (iv)
copy of the state border crossing document of the alien invited;
5. (v)
6. (vi)
the proof of the possibilities of providing accommodation for the alien invited for
the period of stay in Romania.
(2) The invitations shall be filled out in two copies and shall be lodged to the
headquarters of the territorial units of the Romanian Immigration Office in view
of approval.
(3) The approval shall be conditioned by the procedures of verifying the lodged
documents and records of the Romanian Immigration Office in order to establish
the compliance with the legal conditions regarding the entry in Romania of the
respective aliens and implicitly to prevent certain aliens from entering Romania,
aliens who do not present sufficient guarantees that they will leave the territory
upon the expiry of the visa.
(4) The settlement of the requests for invitation approval shall be made within 60
days following their submission.
(5) In case of approval, a copy of the invitation shall be lodged to the inviting
person to transmit it to the alien invited so that he may present it in original to
the diplomatic mission or consular office where the Romanian visa is requested.
(6) The alien may make the request for being granted a visa within 30 following
the approval of the invitation.
(8) The visas granted shall allow an alien the stay on the Romanian territory for
a period up to 90 days depending on the period for which the alien is invited.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 39
(1) The form, content and security elements of the invitation form mentioned in
this section shall be determined by the Ministry of the Administration and
Interior, with the approval of the Ministry of Foreign Affairs, in observance of the
provisions of Art. 14 (4) of the Visa Code. The Ministry of Administration and
Interior shall communicate to the European Commission the model of the form
and shall ensure, through the Romanian Immigration Office, the manufacture
thereof.
(2) The cost of standard forms shall be borne by the inviting natural or legal
persons.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 40
(1) The National Visa Center may approve granting of visas, with the prior
approval of the Romanian Immigration Office, without fulfilling the conditions
provided for in this section, to the following categories of aliens:
a) the minor alien whose parent benefits from the statute of refugee or from
subsidiary protection or holds a stay permit in Romania, under the condition that
this permit is valid at least for 90 days from the date the entry visa is issued;
b) the spouse and the parents of the alien who benefits from the statute of
refugee or from subsidiary protection or holds a stay permit in Romania, under
the condition that this permit is valid at least for 90 days from the date the entry
visa is issued;
c) aliens holding a residence permit valid in one of the Member States of the
European Union, the European Economic Area or in the states that are parties
to the Schengen Agreement, provided that the validity of the visa does not
exceed the validity of the residence permit;
d) aliens holding a valid stay permit in states for whose citizens the entry visa in
the Member States of the European Union, the European Economic Area or in
the states that are parties to the Schengen Agreement is not compulsory;
e) aliens who have in the state border crossing document appended visas of the
Member States of the European Union the European Economic Area or in the
states that are parties to the Schengen Agreement or the states for whose
citizens the entry visa in such states is not compulsory. The Romanian visa may
not exceed the validity of such visa;
f) aliens who are to come to Romania for business purposes, upon the request
of the administrative authorities, as well as of commercial companies, that are
included on the list of taxpayers to the state budget, established by the National
Agency for Fiscal Administration and which assume, by means of a letter of
guarantee addressed in original to the National Visa Centre, the obligation to
cover the expenses related to material support, medical treatment as well as
removal costs;
g) aliens who are supposed to travel to Romania for visit purposes, upon
request of diplomatic missions or consular offices accredited in Romania;
h) aliens for whom a request for granting a visa has been lodged in writing to the
diplomatic missions or consular offices, on behalf of foreign central public
authorities or of foreign Chambers of Commerce;
i) persons for whom a request for granting a visa has been lodged to the
National Visa Centre on behalf of following institutions from Romania:
Presidential Administration, Parliament, Government and other central and local
public administration authorities, Chamber of Commerce and Industry of
Romania and of Bucharest city, as well as territorial ones and prefectures, who
assume the obligation to cover the expenses related to subsistence, medical
assistance and removal, by a letter of guarantee lodged in original;
j) drivers of large lorry TIR-type vehicles;
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 40
(1) The National Visa Centre may approve granting of visas, with the prior
approval of the Romanian Immigration Office, without fulfilling the conditions
provided for in this section, to the following categories of aliens:
a) the minor alien whose parent benefits from the statute of refugee or from
subsidiary protection or holds a stay permit in Romania, under the condition that
this permit is valid at least for 90 days from the date the entry visa is issued;
b) the husband/wife and the parents of the alien who benefits from the statute of
refugee or from subsidiary protection or holds a stay permit in Romania, under
the condition that this permit is valid at least for 90 days from the date the entry
visa is issued;
(2) The National Visa Center may approve granting of visas, without the prior
approval of the Romanian Immigration Office, without fulfilling the conditions
provided for in this section, to the following categories of aliens:
c) Abrogated;
d) aliens holding a valid stay permit in states for whose citizens the entry visa in
the Member States of the European Union, the European Economic Area or in
the states that are parties to the Schengen Agreement is not compulsory;
e) aliens who have in the state border crossing document appended visas of the
Member States of the European Union the European Economic Area or in the
states that are parties to the Schengen Agreement or the states for whose
citizens the entry visa in such states is not compulsory.
f) aliens who are to come to Romania for business purposes, upon the request
of the administrative authorities, as well as of commercial companies, that are
included on the list of taxpayers to the state budget, established by the National
Agency for Fiscal Administration and which assume, by means of a letter of
guarantee addressed in original to the National Visa Centre, the obligation to
cover the expenses related to material support, medical treatment as well as
removal costs;
g) aliens who are supposed to travel to Romania for visit purposes, upon
request of diplomatic missions or consular offices accredited in Romania;
h) aliens for whom a request for granting a visa has been lodged in writing to the
diplomatic missions or consular offices, on behalf of foreign central public
authorities or of foreign Chambers of Commerce;
i) persons for whom a request for granting a visa has been lodged to the
National Visa Centre on behalf of following institutions from Romania:
Presidential Administration, Parliament, Government, and other central and local
public administration authorities, Chamber of Commerce and Industry of
Romania and of Bucharest City, as well as territorial ones and prefectures, who
assume the obligation to cover the expenses related to subsistence, medical
assistance and removal, by a letter of guarantee lodged in original;
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
SECTION 6
ARTICLE 41
Long-stay visas for economic activities shall be granted to aliens that are to
carry out independent economic activities or within family associations in
accordance with the law on the organization and performance of economic
activities by natural persons and who have to present the following documents:
a) the proof of complying with the conditions regarding the certification of his
professional training, provided for in the law on the organization and
performance of economic activities by natural persons;
c) criminal record certificate or other document with the same legal value.
ARTICLE 42
(1) The long-stay visa for individual professional activities shall be granted to
aliens that are to carry out such activities in accordance with the special laws
regulating the conditions for carrying out the respective professions.
(2) This type of visa may be granted to aliens complying with the following
conditions:
a) provide proof of complying with the conditions related to carrying out the
respective professions;
b) provide proof that in the country of origin they carry out a similar profession
with the one they intend to carry out in Romania;
d) present a criminal record certificate or other document with the same legal
value.
ARTICLE 43
(1) This type of visa shall be granted on the basis of the approval of the
Romanian Centre for Promotion of Trade and Foreign Investment to aliens who
are or will become shareholders or associates in Romanian entity trade
companies that are to perform an investment in accordance with this article, with
responsibilities in running and administering them.
(2) The approval of the Romanian Centre for Promotion of Trade and Foreign
Investment shall be granted to aliens provided for in paragraph (1) cumulatively
complying with the following conditions:
a) prove the existence of a business plan which should contain data regarding
the identification of the company, its object of activity, the object and value of the
investment, the estimated number of new jobs and the phases of their creation,
the location of the investment, the duration of the investment and of its
amortization, the projection of the financial activity over the period of minimum 3
years;
c) they shall perform, within maximum 12 months from the obtainment of the
residence permit, an investment according to the business plan provided for at
point (a), bringing a capital or technology contribution of minimum EUR 100,000
for a limited liability company and at least EUR 150,000 for a joint stock
company;
(4) Aliens who have previously obtained an agreement from the Romanian
Agency for Foreign Investment or the Romanian Centre for Promotion of Trade
and Foreign Investment may apply for another approval, under the conditions of
this article, in the following situations:
a) they prove the objective impossibility to perform the previous business plan;
a) the approval of the Romanian Centre for Promotion of Trade and Foreign
Investment;
b) criminal record certificate or other document with the same legal value;
(7) The approval of the Romanian Centre for Promotion of Trade and Foreign
Investment is valid for 6 months from the issuance date and its purpose is to
ascertain that the technical, utility and economic feasibility conditions of the
investment to be performed by the foreign citizen are met.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 44
(1) The long-term employment visa shall be granted to aliens only on the basis
of the employment authorization issued by the Romanian Immigration Office in
accordance with law, except for the employment authorization for the seconded
employees.
a) copy of the work authorization issued by the Romanian Immigration Office or,
as the case may be, documents attesting to the fact that the applicant falls
under the categories provided for in paragraph (3);
c) criminal record or another document with the same judicial value, issued by
the authorities of the country of origin or residence;
(3) The long-stay visa for employment shall be granted to the following
categories of aliens that may be employed or may work for natural or legal
persons in Romania without a work authorization:
(4) The alien may request the long-stay visa for employment within 60 days from
the issuance of the work authorization. The visa shall be approved by the
National Visa Centre, within 10 days from the submission of the visa application,
without requiring the obtainment of the permit provided for by Art. 30 (7).
(5) The aliens provided for in paragraph (3) have to obtain the approval of the
permit of Romanian Immigration Office provided for by Art. 30 (7).
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
1
ARTICLE 44
(1) The long-stay visa for secondment shall be granted to aliens based on their
work authorization for seconded employees, issued by the Romanian
Immigration Office, according to the law.
(2) The long-stay visa for secondment shall also be granted to aliens employees
of legal persons having their headquarters in one of the Member States of the
European Union, of the European Economic Area or in the Swiss Confederation,
seconded in Romania, holding a residence permit in such state, that can be
employed or can work for natural or legal persons in Romania without a work
authorization.
(3) The provisions of Art. 44 (2) and (4) shall apply accordingly.
(4) The aliens provided for in paragraph (2) have to obtain the approval of the
permit of Romanian Immigration Office provided for in Art. 30 (7).
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 45
(1) The long-stay visa for studies may be granted to aliens, upon request, to
aliens who request to enter the territory of Romania in their quality as students
or who participate in a students’ exchange programme.
(2) The quality of students is held by aliens who have been enrolled to study by
a state-owned or private educational institution, accredited or authorized
according to the law, including participation in PhD courses.
1. (i)
2. (ii)
proof of payment of the tuition fee for at least one academic year;
3. (iii)
4. (iv)
criminal record certificate or any other document of the same judicial value;
5. (v)
agreement of the parents or tutor with regard to the stay on the territory of
Romania for the purpose of study, if the alien is underage;
1. (i)
2. (ii)
3. (iii)
proof from the organization carrying out the students’ exchange, from which it
should result that it shall ensure the necessary means of subsistence and any
possible costs incurred with removal;
4. (iv)
5. (v)
6. (vi)
agreement of the parents or tutor with regard to the stay on the territory of
Romania for the purpose of study, if the alien is underage.
(5) Aliens having been granted scholarships from the Romanian state shall not
be requested to present the documents mentioned by paragraph (3)(a)(ii) and
(iii), and those of Romanian origin shall not be requested to present the
documents provided for in paragraph (3)(a)(iii).
(6) The visa mentioned in paragraph (1) shall be also granted to aliens accepted
for study based on international documents to which Romania is a party.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 46
(1) The sponsor holding a temporary residence permit valid for one year, a Blue
Card or the European Union, a long-stay residence permit or who has been
granted the refugee status or subsidiary protection, may request family
reunification for following persons:
a) spouse;
(2) The Romanian Immigration Office may approve, if the conditions required by
law are met, the family reunification for the following categories as well:
(3) Unaccompanied minors, who benefit from the status of refugee or from
subsidiary protection, may apply for family reunification for:
b) when they do not exist or cannot be identified, any other relative of such.
(4) Abrogated.
(5) Abrogated.
(6) Aliens mentioned by paragraph (1), holders of a residence permit for carrying
out scientific research activities and aliens holding an EU Blue Card, may
request family reunification, even if the validity of the residence permit is shorter
than one year.
(7) The application form shall be lodged to the territorial office of the Romanian
Immigration Office responsible for the alien’s place of residence and shall be
accompanied by following supporting documents:
c) copy of the document attesting the right to reside on the territory of Romania;
d) proof of legally holding the dwelling space for a dwelling considered normal
for a similar Romanian family;
g) written statement of the person holding, together with the sponsor the joint
custody over the minor child for whom the family reunification is requested,
granting consent for the minor to live with the sponsor in Romania;
h) copy of the marriage certificate of the family member for whom the family
reunification is requested.
(8) If there are doubts regarding the conclusion of the marriage or the kinship
relationship, the Romanian Immigration Office may request other evidence to
establish such.
(9) The application shall be approved if the following conditions are met:
d) the person for whom the family reunification is requested meets the
conditions provided for by Art. 6 (1)(a), (e) and (h).
(10) For beneficiaries of the refugee status or subsidiary protection, who request
family reunification, there is no obligation to submit the documents mentioned by
paragraph (7)(d) to (f) and neither those mentioned by paragraph (9)(b) and (c).
(11) The request shall be settled within a time limit of maximum 3 months from
the date of submission.
(14) The visa shall be issued by the diplomatic missions or consular offices of
Romania in the country where the family members have their residence or
domicile.
(16) The following categories of persons may also request a visa for family
reunification:
b) single aliens who cohabit with single Romanian citizens, if they have at least
one common child, further referred to as partners;
e) the alien parent of the Romanian minor child, if he proves that the minor is in
his care or that he has the obligation to pay child support, obligation that the
alien fulfils regularly;
f) aliens, family members of Romanian citizens, proving that they are registered
as having right of residence in another Member State in such capacity.
(17) The visa request lodged by the persons mentioned by paragraph (16)(a) to
(e) shall be accompanied by the marriage certificate issued by the Romanian
authorities according to law or, by case, by the proof of the existence of kinship
or of the quality of partner.
1
(17 ) The visa request lodged by the persons provided for in paragraph (16)(f)
shall be accompanied by documents attesting to the fact that they are registered
as having right of residence in another Member State, in their capacity as family
member of the Romanian citizen.
(19) Granting a long-term visa for family reunification may be refused when the
request shall be based on a marriage of convenience which has been previously
ascertained, in accordance with this emergency ordinance, or when a situation
of bigamy or polygamy is found.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 47
Long-stay visa for religious activities shall be granted to aliens, upon request, by
the diplomatic missions and consular offices of Romania in the country where
they have their residence or domicile, under the following conditions:
a) the existence of the approval of the State Secretariat of Cults. The approval
shall be granted to the aliens conducting similar activities in their country of
origin or residence;
c) the proof of the dwelling space and the means of support at the level of three
average salaries per national economy;
d) the proof of the medical insurance and of the fact that they do not have
diseases endangering public health;
e) criminal record certificate or other document of the same legal value issued
by the authorities from the country of origin.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 48
(2) The approval of the National Authority for Scientific Research shall be issued
upon request of scientific research and development organizations, upon
fulfilment of following conditions:
b) criminal record certificate or any other document of the same judicial value,
issued by the authorities of the alien’s country of domicile or residence;
ARTICLE 49
(1) The long-stay visa for other purposes shall be granted, upon request, by the
diplomatic missions and consular offices of Romania in the country where they
have their residence or domicile, to the following categories of aliens:
a) Abrogated.
b) Abrogated;
1. (i)
at the date of request they are neither shareholders nor associates of the
commercial company under reference or of any other Romanian legal person
and that they did not have this quality for the last 2 years;
3. (iii)
there is no other alien within the commercial company under reference who has
been granted a residence permit for the same purpose;
4. (iv)
d) those who request the entry to the territory of Romania for the purpose of
unpaid professional qualification within an accredited vocational training provider
or with an enterprise of the public or private sector authorized according to law
to carry out such activities, if they can prove the simultaneous fulfilment of
following conditions:
1. (i)
2. (ii)
3. (iii)
they have the parents’ or guardian’s consent with regard to the stay on the
territory of Romania for this purpose, if the alien is underage.
1. (i)
they have concluded an agreement of voluntary work with a legal person of
public or private law with a non-for-profit nature, further referred to as host
organization, which stipulates the activity to be carried out by the alien,
conditions of supervision while carrying out the activities, as well as working
hours;
2. (ii)
3. (iii)
4. (iv)
have the consent of the parents or guardian with regard to the stay on the
territory of Romania for this purpose, if the alien is underage;
g) to those carrying out other activities which are not contrary to Romanian
legislation, if their presence on the territory of Romania is justified.
(2) Aliens falling under the categories mentioned by paragraph (1) shall be
granted a visa if:
a) they present proof of medical insurance for the duration of visa validity;
c) they present a criminal record certificate or any other document of the same
judicial value, issued by the authorities in the country of origin.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
CHAPTER IV
The Extension of the Temporary Stay Right. The Permanent Stay Right
SECTION 1
ARTICLE 50
(1) The Romanian Immigration Office or its territorial units may extend the
temporary stay right to the aliens who entered Romania on the basis of a long-
stay visa, as well as to aliens who are exempted from the obligation of obtaining
a long-stay visa, under the conditions provided for in this section.
(2) The temporary stay right in Romania may be extended successively for
intervals up to one year, only if:
a) the conditions regarding the entry on the Romanian territory, provided for in
Art. 6 (1)(c), (e), (g) and (h) are still complied with;
b) during the stay on the Romanian territory, none of the reasons for interdicting
the entry on the Romanian territory, provided for in Art. 8 (1)(b) to (d) and
paragraph (2) has been registered;
c) the alien possesses a valid travel document, with the exception of cases
when the travel document has expired after entering Romania and, for reasons
which are independent of the alien’s will, this could not be extended;
d) the alien requests to be granted or extended the right to reside for the same
purpose as that for which he has been granted a visa or extended the right to
residence on the basis of which he finds himself in Romania, with the exception
of family members of Romanian citizens or of alien citizens holding a long-stay
right, if they request the extension of the right to residence for family
reunification as well as for the applicants for an EU Blue Card;
e) the purpose for which he has been granted residence in Romania has been
previously respected;
f) the alien proves the legal possession of the place of accommodation declared
as legal residence on the territory of Romania and he actually lives at such
place. In the case of aliens who have been granted a right to reside for the
purpose of family reunification, the proof of legal accommodation may be made
by the sponsor or Romanian citizen whose family members they are and with
whom they cohabitate.
h) the alien presents proof of payment of the fees related to the extension of the
right to reside as well as of the cost of the document to be issued for this
purpose;
i) the general conditions mentioned in these sections are met, as well as special
conditions for the extension of the right to residence according to the purpose
for which the extension has been requested.
1
(2 ) If the aliens do not meet the conditions provided for in paragraph (2)
because they form the object of an alert entered in the Schengen Information
Centre by another Schengen state for the purpose of interdicting entrance, the
right of stay may be extended, but only for grounded reasons, particularly for
humanitarian reasons or due to international obligations and only after
consulting the Schengen state that entered the alert, in accordance with the
procedure provided in the Sirene Manual.
(3) The aliens have the obligation, upon expiry of the validity of documents
mentioned by paragraph (2)(c), (f) and (g), to make all necessary efforts for the
extension of their validity or renewal.
(4) The extension of the right to residence may be also granted for periods
longer than one year under the conditions of this emergency ordinance or on
reciprocal basis.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 51
(1) The requests for extension of the right to temporary residence shall be
lodged in person by the applicants, at least 30 days prior to the expiry of the
term for which their stay has been approved, to the territorial units of the
Romanian Immigration Office responsible for the place of residence.
(2) The application shall be accompanied by the valid state border crossing
document, in original and copy, by the medical certificate issued by a public or
private medical institution evidencing that the alien does not suffer from any
disease which can endanger public safety, by the evidence attesting to the legal
possession over the dwelling place at the address declared as residence on the
territory of Romania, by the medical insurance and the means of support, and of
the taxes related to the extension of the right of stay and the cost of the
document issued in this respect, as well as the other documents provided for in
this chapter, function of the purpose the stay approval was requested for.
(3) The proof of the means of support may be done by statements of salary,
pension coupon, statement on the global income tax, statement of account or
other equivalent documents.
(4) The request shall be settled within a time limit of 30 days from the date of its
submission. In cases in which, in order to determine the fulfilment of the
conditions for extending the right to residence, it is necessary to perform
additional verifications, their processing term may be extended by a maximum of
15 days.
(5) When the extension of the right to residence is requested on the basis of
marriage and additional verifications are necessary according to Art. 63, the
processing period may be extended by a maximum of 90 days, case in which
the right to reside shall be extended de jure until the request shall be decided
upon.
(7) In the case of extension of the right of stay for the purpose of family
reunification, the interview provided for in paragraph (6) shall be held by both
spouses.
(8) The application for extension of the right of stay filed by the holder of an EU
Blue Card obtained in another Member State shall be settled within 15 days
from the receipt of the application.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 52
(1) If, at the moment of submitting the application, the general conditions and
the special conditions are not cumulatively complied with, depending on the
purpose of stay, provided for in this section, or the alien is in one of the
situations of revocation of the temporary right of stay provided for in Art. 77 (3),
the alien’s request for extension of the right to temporary residence shall be
denied.
(2) The decision to refuse the extension of the right to residence, as well as the
reasons for such a decision shall be communicated to the alien by the decision
of return provided for by Art. 82.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 53
Extension of the Temporary Stay Right for Aliens Carrying out Economic
Activities
(1) The aliens who entered Romania with a view to carrying out independent
economic activities or within family associations shall be extended the
temporary stay right for this purpose if:
a) they present the authorization for the respective activity in original and copy,
issued according to the law;
b) they present the proof of legal holding of the space the activity is carried out;
c) they prove the means of support in amount of at least EUR 250 per month;
d) the activity carried out corresponds to the conditions for which the initial right
to stay was granted;
e) the object of activity is the initial one or a continuation or result of the initial
one.
(2) The request for extension of the temporary stay right must be accompanied
by the following documents:
a) the authorization for the respective activity in original and copy, issued
according to the law;
b) the proof of legal holding of the space where the activity is carried out;
c) documents attesting the personal income in amount of at least EUR 250 per
month obtained from the activity carried out.
ARTICLE 54
The aliens who entered Romania with a view to carrying out independent
professional activities shall be extended the temporary stay right if they comply
with the following conditions:
a) they present proofs for effectively carrying out the professional activity under
the conditions provided for by the special law;
(1) The aliens who entered Romania with a view to carrying out commercial
activities shall be extended the temporary stay right if they comply with the
following conditions:
(2) Further extensions of the temporary stay right may be granted if the alien
complies with the following conditions:
a) the activity of the commercial company is carried out in conformity with the
business plan;
b) the object of the activity carried out is the initial one or a follow-up or a result
of this;
(3) Proof of fulfilment of the conditions imposed by this article shall be made by
providing following documents:
a) business plan approved by the Romanian Agency for Foreign Investment;
c) company status certificate which should prove the quality of the applicant,
name, registered office and main object of activity of the commercial company,
mentions made by courts of law, duration of functioning of the commercial
company, the main financial and economic indicators, namely the total fixes
assets, the turnover, the net profit or loss, the average number of employees.
e) Abrogated;
f) certificate issued by the territorial labour inspectorate, which should attest the
number of persons employed or labour contracts registered at the company.
(4) In the case of investments of at least EUR 150,000 or if at least 25 jobs have
been created, proof of means of subsistence may be also made by means of
other legal documents. For investments of at least EUR 200,000 or creation of
at least 50 jobs, proof of means of subsistence is no longer necessary.
(5) The temporary right to reside for this purpose shall be extended
subsequently for periods of one year, and in case of aliens who prove to have
performed investments of at least EUR 500,000 or have created more than 50
full-time jobs, the right to reside shall be extended for periods of 3 years.
(6) The total value of the investment and the number of jobs created shall be
calculated according to the ratio of participation of the associate or shareholder
to the commercial company.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 56
Extension of the Temporary Stay Right for Employment by Secondment
(1) Aliens entered in Romania for employment purposes, holding a valid work
authorization for permanent workers, season workers, trainee workers,
sportsmen, nominal, for cross-border workers or for highly qualified workers
shall be extended the temporary right of stay if they present the following
documents:
b) medical health certificate, to attest the fact that the aliens is fit for
employment.
(2) If the information or documents provided, based on which the alien holding a
valid work authorization for highly qualified workers lodged the application are
inappropriate, the Romanian Immigration Office shall communicate to the
applicant the additional information required and shall provide a term of 30 days
for the submission thereof. The term provided for in Art. 51 (4) shall be
suspended until the receipt by the Romanian Immigration Office of the additional
information or documents required. If the additional information or documents
were not supplied until the term provided for, the application may be denied.
(3) The aliens entered in Romania for secondment purposes, holding a valid
working authorization for seconded workers, shall be extended their temporary
right of stay if they present the following documents:
b) proof of means of subsistence at least at the level of the average gross salary
per economy.
(4) The aliens employees of legal persons having their headquarters on the
territory of one of the Member States of the European Union or of the European
Economic Area or on the territory of the Swiss Confederation, seconded in
Romania, shall be extended the temporary right of stay if they present the
following documents:
b) residence permit issued by the state where the employer is seated, in original
and in copy;
c) proof of means of subsistence at least at the level of the average gross salary
per economy.
(5) The right of stay of seconded aliens may be extended for the period provided
for in the secondment decision, but not more than one year in any 5 year period.
(7) The temporary right of stay shall be extended for a period equal to the
validity term of the labour contract, but not more than one year.
(8) The aliens holding a valid work authorization for highly qualified workers
shall be extended their temporary right of stay for a period equal to the validity
term of the labour contract plus 3 months, but not more than 2 years.
(9) The extension of the right of stay for the aliens provided for in Art. 44 (3)
shall be granted only if they present the documents provided for in paragraph (1)
and, as applicable, those provided for in paragraph (3).
(10) The aliens holding a residence permit for study purposes may request the
extension of their right of stay for employment purposes after the completion of
their studies, without having the obligation to obtain a long-stay visa in this
respect, provided that they conclude a full time labour contract, in the
specialization of the graduated studies.
(11) The approval or denial of the application for issuance of the EU Blue Card
shall be communicated by the Romanian Immigration Office, in writing, to the
first Member State, within 30 days from the issuance of the decision, when
Romania is the second Member State.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 57
Extension of the Stay Right for Aliens whose Access on the Romanian
Labour Market is Regulated by Bilateral Agreements between Romania
and Other States
(1) The conditions for the entry and stay of the aliens whose access to the
Romanian labour market is regulated by bilateral agreements signed with other
states shall be provided for in these agreements.
(2) Within 5 days from the entry on the Romanian territory of aliens provided for
in paragraph 1, the employer shall be bound to inform in writing the Romanian
Immigration Office with territorial competence on the nominal situation of these
persons.
ARTICLE 58
(1) The alien who entered Romania for studies may request the renewal of the
right to stay under the following conditions:
1. (i)
they are enrolled for study with a state or private educational institution,
accredited or authorized according to the law, within full-time courses, including
PhD courses;
2. (ii)
3. (iii)
2. (ii)
3. (iii)
(3) The right to temporary residence for study may be extended by a maximum
of 90 days after concluding the studies, for the purpose of finalization of school
or academic situation and approval of the study documents.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 59
(1) The alien who was granted, or, if the case, extended the stay permit for
studies in Romania may change the profile of study or professional
specialization in accordance with the legislation in force provided that the total
duration of stay provided for the initial studies is not be exceeded.
(2) In the case that, by changing the profile of study or professional
specialization, the total duration of stay provided for the initial studies is
exceeded, it is necessary to obtain a new long-stay visa for the purpose of
study.
ARTICLE 60
(1) The aliens who were granted the stay right for studies may work in order to
complete their means of support only part-time.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 61
(1) The aliens who entered Romania for studies as scholars of the Romanian
State shall be extended their stay right under the conditions provided for in
Art. 58 and Art. 59, without being necessary to submit the proof of the means of
support and the tuition fees.
(2) The granting of the stay permit for this category of aliens shall be made by
exemption from the payment of the consular fees.
(1) The aliens who entered the Romanian territory in accordance with the
provisions of Art. 46, except for the persons provided for by Art. 46 (16), may be
extended their right of stay, if:
1. (i)
2. (ii)
3. (iii)
4. (iv)
1. (i)
2. (ii)
3. (iii)
1. (i)
2. (ii)
1. (i)
2. (ii)
both the alien and the Romanian citizen prove they are not married;
3. (iii)
1. (i)
2. (ii)
d) for the first degree relatives in ascending line of the Romanian citizen or of
his/her spouse, if they present documents attesting to kinship. If the alien is a
parent of a Romanian minor child, he must prove that the minor is in his care or
that he has the obligation to pay child support, obligation that the alien fulfils
regularly.
1
(3 ) If after 18 months of legal stay in the first Member State as holder of an EU
Blue Card, the alien moves to Romania to obtain a highly qualified work place,
his family members requesting family reunification may be extended the right of
stay according to the provisions of paragraph (1), having the obligation to also
present the residence permit issued by the first Member State.
2
(3 ) The aliens family members of Romanian citizens who were registered as
having a residence right in another Member State in such capacity may be
extended the right of stay if:
a) they prove that they were registered as having a right of residence in another
member state as family members of the Romanian citizen having domicile or
residence in Romania;
b) upon the submission of the application, they present the following documents:
1. (i)
Valid passport;
2. (ii)
the marriage certificate or, as the case may be, the proof of kinship, of the
registered partnership or of the cohabitation relationship;
3. (iii)
4. (iv)
the identity card of the Romanian citizen whose family member is the alien
1
(3 ) If after 18 months of legal stay in the first Member State as holder of an EU
Blue Card the alien moves to Romania to obtain a highly qualified work place,
then his family members requesting family reunification may be extended the
right of stay according to the provisions of paragraph (1), having the obligation
to also present the residence permit issued by the first Member State.
2
(3 ) The aliens family members of Romanian citizens who were registered as
having a residence right in another Member State in such capacity may be
extended the right of stay if:
a) they prove that they were registered as having a right of residence in another
member state as family members of the Romanian citizen having domicile or
residence in Romania;
b) upon the submission of the application, they present the following documents:
1. (i)
Valid passport;
2. (ii)
the marriage certificate or, as the case may be, the proof of kinship, of the
registered partnership or of the cohabitation relationship;
3. (iii)
4. (iv)
the identity card of the Romanian citizen whose family the alien is a member of
(4) The extension of the right of stay shall not be granted if the following are
found:
(5) The right to temporary residence shall be extended individually, for each
family member, for the same period for which the sponsor has been granted the
right to residence. The spouse and family members of a Romanian citizen or of
the sponsor holding a permanent right to residence may be granted the
extension of the temporary right to residence for periods of up to 5 years.
1
(5 ) The family member of the Romanian citizen domiciled abroad shall be
extended the temporary right of stay for a period not exceeding the validity
period of the temporary identity card of the Romanian citizen.
ARTICLE 63
Marriage of convenience
(1)The Romanian Immigration Office shall refuse the extension of the right to
residence obtained on the basis of marriage if, as a result of verifications carried
out, it results that the marriage is one of convenience.
b) spouses have not known each other before the marriage has been
concluded;
e) there is information that previously one of the spouses has concluded another
marriage of convenience;
(3) Ascertaining the elements provided for in paragraph (2) shall be performed
by the interview officer. Such elements may result from:
b) documents;
c) statements of persons under reference or of third persons;
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 64
(1) The right of temporary stay shall be granted independently, upon request, to
the alien meeting the following conditions:
b) he had a temporary right of stay for family reunification purposes in the last 5
years prior to the submission of the application. In the case of family members
of holders of the EU Blue Card, the 5 year period may be calculated by
summing up their stay periods in different Member States.
(2) The alien shall be excepted, upon request, from fulfilling the condition
provided for in paragraph (1)(b) in the following cases:
(3) In order to be granted the right of stay, the applicant shall present
additionally, if applicable, the court order attesting to the marriage termination,
the notarized affidavit regarding the cease of the partnership, the death
certificate or the birth certificate.
(4) The right of stay provided for in paragraph (1) shall be extended
automatically for a period of up to 6 months, term which shall start running on
the date of submission of the application. For the aliens being in one of the
situations provided for in paragraph (2), the term shall start running upon the
occurrence of the event.
(5) Subsequent extensions of the right of stay shall be granted in the conditions
and for the purposes provided for herein, without requiring the alien to leave
Romania.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 65
(1) The aliens holding a right to stay for family reunification may be employed or
may carry out economic activities under the law.
(2) The work permit or, as the case may be, the authorization for carrying out
the activity shall be issued under the law based on the stay right.
ARTICLE 66
(1) The aliens who entered Romania based on a long-stay visa to carry out
humanitarian or religious activities may request the extension of the temporary
stay right for such purpose if they present the approval of the State Secretariat
of Cults.
(2) Aliens who request the extension of the stay right for religious activities do
not have to prove the means of support.
(3) The right of stay for this purpose shall be extended for a period equal to the
duration of the approval.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 67
(1) Aliens who have entered Romania for the purpose of carrying out scientific
research activities shall be granted an extension of the right to temporary
residence if they present the receiving agreement countersigned by the National
Authority for Scientific Research.
(2) The right to residence for this purpose shall be extended for a period equal
with the duration mentioned in the receiving agreement, but not longer than 5
consecutive years.
(3) The researcher, holder of a residence permit for this purpose, issued by
another Member State, who finds himself on the territory of Romania, may
request the extension of the right to residence for carrying out an activity of
scientific research without the need to previously obtain a long-stay visa for this
purpose. The residence permit shall be issued on the basis of the approval of
the National Authority for Scientific Research, provided for by Art. 48 (2), in
accordance with the provisions of paragraph (2).
ARTICLE 68
Didactic Activity
Aliens who hold a right to reside for carrying out activities of scientific research
may also carry out educational activities under legal conditions.
ARTICLE 69
Other Situations for Extension of the Temporary Right of Stay
(1) The aliens who entered Romania on the basis of a long-stay visa for other
purposes, may request the renewal of the temporary stay right as follows:
a) Abrogated;
b) Abrogated;
1. (i)
2. (ii)
prove that, at the date of request, they do not have the quality of associates or
shareholders of the commercial company under reference or of any other
Romanian legal person and that they did not have such qualities during the past
2 years;
3. (iii)
there is no other alien in the commercial company under reference who has
obtained a right to residence for this purpose;
4. (iv)
e) aliens who have entered the territory of Romania for the purpose of unpaid
vocational qualification within an accredited vocational training provider or with a
public or private enterprise authorized according to law to conduct such
activities - upon submission of the training agreement for unpaid participation to
a form of vocational training;
g) aliens who carry out other activities which are not contrary to the Romanian
legislation - under approval from the competent authorities, when necessary, or
by providing documents to justify their presence in Romania;
(2) Aliens whose stay in Romania is in the interest of the Romanian state, may
be granted an extension of their temporary right to residence, upon request from
the Parliament, Presidential Administration, Government, specialized central
public administration authorities.
(3) Upon being granted or extended the right to temporary residence, aliens
mentioned by paragraph (1)(a), (c), (e), (f) and (g) shall provide proof of
subsistence means, at least to the level of the average net wage for the national
economy, the ones mentioned by paragraph (1)(d), to an amount of at least
EUR 500 monthly, resulted from the activity they carry out in their position as
administrator.
(4) Aliens mentioned by paragraph (1)(h) are exempt from the obligation to
prove availability of subsistence means as well as from the payment of consular
fees. The right to residence for this category shall be extended for periods of 4
years.
(5) The right to residence for aliens mentioned by paragraph (1)(e) and (f) shall
be granted for a maximum period of one year, without possibility of extension. In
exceptional cases, for aliens mentioned by paragraph (1)(e), the right to
residence may be extended only once for a period of up to 6 months, in order to
enable them to acquire a qualification for the profession they have been trained
for.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
SECTION 2
ARTICLE 70
(1) The long-stay right is a stay right granted, upon request, under the conditions
of this emergency ordinance, on an undetermined period of time to aliens who
hold a right to residence, from the request date including until the settlement of
the request.
(2) The permanent right of stay shall not be granted to following categories of
aliens:
b) asylum seekers;
c) in case of absence from the territory of the Romanian state for a period longer
than 12 consecutive months, excepting the situation in which, during this period,
the alien has benefited from a right of temporary residence in an EU Member
State;
d) in the case of absence from the territory of the Romanian state for a period
longer than 6 consecutive years, even if during this period the alien has
benefited from a right of temporary residence in an EU Member State.
f) in case of absence from the territory of the Member States of the European
Union, of the European Economic Area or of the Swiss Confederation, for a
period of more than 2 consecutive years, of the long term resident, holding a
long-stay permit mentioning «Former holder of the EU Blue Card», or of his
family members who were granted the status of long term resident.
(4) In the situation in which, upon termination of the long-stay right in the cases
provided for in paragraph (3)(b) to (d), the alien finds himself on the territory of
Romania, within 30 days from the communication date, he may request the
issue of a temporary residence permit for the purposes and under the conditions
provided for by this emergency ordinance.
(5) The alien whose right to permanent residence has been terminated in the
conditions of para (3) letters b) or c) may be granted a new long-stay right,
under the conditions of this emergency ordinance, after a legal and continuous
stay on the territory of Romania of at least 12 months.
(6) The long-stay right of a former holder of an EU Blue Card shall not cease if
the alien can prove that he was absent from the territory of the Member States
of the European Union, of the European Economic Area or of the Swiss
Confederation, because he was exercising an economic activity in his capacity
as remunerated employee or independent worker, in order to exercise a
voluntary activity or to study in his country of origin.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 71
(1) The permanent right of stay shall be granted to aliens mentioned by Art. 70
(1), if they fulfil following conditions at the same time:
a) they had a continuous right of stay on the territory of Romania in the last 5
years prior to the submission of the application, as follows:
1. (i)
during that period they were not absent from the territory of Romania for more
than 6 consecutive months and they did not exceed more than 10 months of
absence in total;
2. (ii)
during that period no measure of removal from the territory of the country was
ordered against the alien;
3. (iii)
upon determining such period, only half of the stay period for the purpose of
studies shall be considered;
4. (iv)
on determining the period of continuous and legal stay, the stay conferred by the
diplomatic and service visa as well as the stay granted for the purpose of
carrying out seasonal work shall not be taken into account;
5. (v)
Such period may be reduced to 4 years, for the persons whose statute of
refugee was recognized or who were granted subsidiary protection in Romania,
depending on the degree of integration in society, in the conditions presented in
Government Ordinance No. 44/2004 on the social integration of aliens who
acquired a form of protection or a right of stay in Romania, as well as of the
citizens of the Member States of the European Union and the European
Economic Area, approved as amended by Law No. 185/2004, as subsequently
amended and supplemented;
6. (vi)
Such period shall be reduced to half, for the persons whose statute of refugee
was recognized or who were granted subsidiary protection in Romania, who are
married for at least 5 years to a Romanian citizen.
(2) Aliens of Romanian origin or born in Romania, as well as those whose stay
is in the interest of the Romanian state, may be granted the permanent right of
stay without the need to fulfil the conditions provided for in paragraph (1)(a) to
(e).
(3) Minors whose parents are the holders of a long-stay right may be granted
the same statute without fulfilling the conditions provided for in paragraph (1). In
the case in which only one of the parents is the holder of a long-stay right, the
consent of the other parent shall be necessary, in authentic form.
(4) Aliens who prove that they have performed investments of at least EUR
1,000,000 or have created more than 100 full-time jobs may be granted the
permanent right of stay without the need to fulfil the conditions provided for in
paragraph (1)(a) and (b).
(5) The long term right of stay shall be granted to the holders of an EU Blue
Card who had a continuous right of stay on the territory of Member States of the
European Union, of the European Economic Space or of the Swiss
Confederation, in the last 5 prior to the submission of the application, in their
capacity as holders of the EU Blue Card, of which, a continuous right of stay in
the last two years before the submission of such application, as holders of an
EU Blue card, on the territory of Romania, if they meet the following conditions
cumulatively:
a) during such period they were not absent from the territory of the Member
States of the European Union, of the European Economic Area or of the Swiss
Confederation for more than 12 consecutive months and did not exceed 18
months of absence in total;
b) during that period no measure of removal from the territory of the Member
States of the European Union, of the European Economic Area or of the Swiss
Confederation was ordered against the alien;
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 72
(1) Aliens mentioned by Art. 70 (1) have to submit in person to the territorial
offices of the Romanian Immigration Office a formal application supported by
following documents:
(2) Upon submission of the request, the applicants shall be interviewed in order
to establish the level of knowledge of the Romanian language.
ARTICLE 73
(1) The right to permanent residence shall be approved by the Head of the
Romanian Immigration Office.
(3) The term for resolving the requests is of maximum 6 months from the date of
registration. For objective reasons, the head of the Romanian Immigration Office
may extend this term by another 3 months, while notifying the applicant.
(4) The approval shall be communicated in writing to the applicant, within a term
of 15 working days from receipt of the request.
(5) Within 30 days from receipt of the communication, the alien who has been
granted the right to permanent residence shall appear in person at the territorial
unit of the Romanian immigration Office where the request has been lodged, in
order to be issued the permanent residence permit.
(6) Granting the right to permanent residence to aliens who are family members
of Romanian citizens shall be made with exemption from payment of consular
fees.
ARTICLE 74
(1) Should it be determined that the conditions in this section have not been
met, the Commission set up according to Art. 73 (2) shall suggest to the Head of
the Romanian Immigration Office the denial to grant the right to permanent
residence.
(2) The denial, as well as the reasons on which this is based, shall be
communicated to the applicant in writing, within a time limit of 15 working days
from the day a decision has been made on the request.
(3) The denial to grant the right to permanent residence may be contested within
30 days from the date of communication, to the Court of Appeal of Bucharest.
(4) The denial to grant the right to permanent residence does not produce
judicial effects upon the right to residence of the applicant.
ARTICLE 75
Equal Treatment
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 76
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
SECTION 3
ARTICLE 77
(1) The Romanian Immigration Office may annul, by motivated decision, the
right to permanent or temporary residence in Romania, if it is subsequently
determined that:
d) the alien has been previously removed from the territory of Romania and has
re-entered, under a different identity, within the interdiction period.
(2) The Romanian Immigration Office shall revoke, by means of a motivated
decision, the right to permanent residence when ascertaining that the
permanent resident is a threat to public order, as a result of offences committed
on the territory of Romania.
(3) The Romanian Immigration Office shall revoke, by motivated decision, the
right to temporary residence when:
1. (i)
the absence from the territory of Romania for the completion of the mandatory
military service, regardless of the duration;
2. (ii)
the absence from the territory of Romania is motivated by pregnancy and birth;
3. (iii)
4. (iv)
b) it is ascertained that the alien illegally crossed or attempted to cross the state
border or breached the regulations regarding the employment of aliens;
c) it is ascertained that the alien suffers from an illness which jeopardizes public
health and does not subject himself to the medical treatment as determined by
the competent authorities. If the illness occurred further to obtaining the
temporary right of stay, the revocation shall be ordered if the alien does not
subject himself to the medical treatment measures established by the competent
medical authorities, and the illness may prevent the alien from fulfilling his
obligations established hereby;
d) the holder of an EU Blue Card requests social insurance, provided that the
alien was previously informed in writing, of this matter;
e) it is ascertained that the holder of an EU Blue Card does not have sufficient
resources to support himself and his family at the level of a minimum gross
salary guaranteed for payment.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 78
b) by the Romanian Border Police, to the alien who is present at the border with
the scope to enter Romania, by handing him the decision of annulment or
revocation issued by the Romanian Immigration Office.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
SECTION 4
(1) The Romanian state shall ensure conditions for the integration of aliens who
have been granted a right to reside in Romania, into the economic, social and
cultural life of the country, as well as their access to the education system.
(2) For the purpose of integration following activities may be organized and
carried out:
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 80
(1) The public institutions shall co-operate according to their competencies with
non-governmental organizations and international organizations in order to
promote and carry out programs for the integration of aliens in the society, as
well as for the identification of the financial resources necessary in this respect.
(2) In all the activities which they perform the public institutions, non-
governmental organizations shall provide the aliens with protection against any
form of discrimination.
CHAPTER V
SECTION 1
ARTICLE 81
(1) Against aliens illegally staying in Romania and former requesters of asylum,
the Romanian Immigration Office may order the measure of removal from the
territory of Romania.
(2) In case of aliens who have been declared undesirable, as well as against
those against whom the instance has disposed the safety measure of expulsion,
removal from the territory of Romania shall be made by enforcement of the
provisions of the Court decision by which the measure has been imposed.
(3) The alien whose stay on the territory of Romania is illegal but who benefits
from a right of stay in another Schengen state, except for aliens who were
declared undesirable or against whom the instance has disposed the safety
measure of expulsion, shall be requested, in writing, to leave the territory of
Romania within 3 days. If he does not leave the territory of Romania, the
measure provided for in paragraph (1) shall be taken against him.
(4) In the case of aliens whose stay on the territory of Romania is illegal, but
who are undergoing a procedure for extension of the temporary right of stay or
of granting long-stay right, the Romanian Immigration Office may decide,
depending on the circumstances specific to each case, to postpone the decision
of removal until the completion of the procedure.
(5) If the date of entry in Romania cannot determined based on the mentions on
the travel document of the alien, the Romanian Immigration Office or the
General Inspectorate of Border Police shall proceed according to the provisions
of Art. 11 of the Schengen Borders Code.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 82
(1) The order of leaving the Romanian territory represents the administrative act
of the Romanian Immigration Office or of its territorial units which compels the
aliens provided for in Art. 81 (1) to leave the territory of Romania.
(2) The order of leaving shall be drawn up in two copies, each of them in
Romanian language and in a language of international use, and contains the de
facto and de jure reasons as well as information regarding the available ways of
appeal.
1
(2 ) The Romanian Immigration Office shall supply, at the request of the alien, a
written or oral translation of the main elements of the order of leaving, including
with regard to the available ways of appeal, in the language he understands or
which he is reasonably assumed to understand.
2 1
(2 ) The provisions of paragraph (2 ) shall not apply to the aliens who illegally
crossed the state border of Romania or of another Member State of the
European Union, of the European Economic Area or of the Swiss
Confederation. In such case, together with the decision to leave the country
under escort, the alien shall also be communicate a sheet drafted in five
languages of the most commonly used or understood by the aliens being on the
territory of Romania containing information explaining the main elements in the
standard form of the decision to leave the country.
(3) The decision of leaving gives the alien the opportunity to leave the country
unaccompanied, as follows:
1. (i)
2. (ii)
the alien whose visa has been annulled or revoked;
3. (iii)
former asylum seekers whose asylum procedure has been finalized or who
waived it;
1. (i)
the alien who requests the issuance of a decision to leave the country before
having been found without a right of stay;
2. (ii)
for the alien whose temporary right to reside has been annulled or revoked or
who has been refused the extension of this right;
3. (iii)
the alien whose temporary right of stay was annulled or revoked for conducting
commercial activities or who was refused the extension of such right, as well as
for his family members who benefitted from a right of stay for family
reunification;
4. (iv)
the alien whose long-stay right ceased and who did not request the extension of
the right of stay according to Art. 70 (4).
c) Abrogated;
1
(3 ) In grounded situations, taking into account the specific circumstances of
each separate case, such as the duration of the legal stay, the existence of
children who go to school and the existence of other family ties, the term
granted according to paragraph (3) may be extended, upon request, by up to 30
days. The extension shall be communicated, in writing, to the alien.
(4) The terms provided for in paragraph (3) shall be counted from the date on
which the decision of return has been communicated to the alien, in the
conditions of this emergency ordinance.
(5) For aliens who have illegally crossed or attempted to illegally cross the state
border, who entered the country during the interdiction period previously
ordered, as well as for those illegally staying whose identity could not be
established, shall be issued a decision to leave the country under escort,
together with the transfer to public custody, in accordance with the provisions of
Art. 97.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 83
(2) Remission may be made by handing over the copy, against signature, when
the alien is present, or by post, with acknowledgement of receipt, to the address
declared by the alien as residence, when the alien is not present.
(3) In case remission should not be possible, the notification of the decision of
leave shall be made by signposting a copy at the headquarters of the Romanian
Immigration Office or one of its territorial units.
a) the alien refuses to receive the copy handed over or sent by post;
ARTICLE 84
(1) The decision of leave may be contested within 10 days from the date of
communication at the Bucharest Court of Appeal, in case this has been issued
by the Romanian Immigration Office, or to the court of appeal in whose area of
competence the territorial unit which issued the decision of leave has its office.
The court shall rule on the request within 30 days from its receipt. The decision
of the court shall be irrevocable.
(2) In case of aliens mentioned by Art. 82 (5), the decision of leave under escort
may be contested at the court of appeal in the territorial competence of which
the accommodation centre is situated, within 3 days from the date of
communication. The court shall rule within 5 days, the decision being final and
irrevocable.
(3) The contestation provided for in paragraphs (1) and (2) suspends the
enforcement of the removal measure, except in the cases provided for by
Art. 82 (3)(b)(i), where the contestation shall not suspend the execution of the
removal measure.
(4) The contestation of the decision of return formulated by aliens under public
custody does not suspend the measure of public custody.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
SECTION 2
Undesirable Aliens
ARTICLE 85
Declaration as Undesirable
(2) The measure mentioned by paragraph (1) shall be ordered by the Bucharest
Court of Appeal, upon notification of the designated prosecutor of the
Prosecutor’s Office with the Bucharest Court of Appeal. The prosecutor notifies
the court of law at the suggestion of institutions with competencies in the field of
public order and national security who hold well-founded data or indications in
the sense of those mentioned by paragraph (1).
(3) The data and information on the basis of which the declaration of an alien as
undesirable for reasons of national security is suggested shall be made
available to the court of law, under the conditions established by normative
documents which regulate the regime of activities relating to national security
and protection of classified information.
(4) The notification mentioned by paragraph (2) shall be judged in the Chamber
of Council, while summoning the parties. The court of law shall inform the alien
about the facts, which found the notification, while respecting provisions of
normative documents regulating the national security and protection of classified
information.
(5) The Bucharest Court of Appeal shall rule, by a motivated decision, within 10
days from the notification formulated under the conditions of paragraph (2). The
decision of the court of law is final. When declaring the alien as undesirable is
based on reasons of national security, the contents of the decision shall not
mention the data and information, which were the basis for its motivation.
(6) The decision shall be communicated to the alien, as well as, should the
instance decide to declare him as undesirable, to the Romanian Immigration
Office, in order to be enforced.
(7) The alien’s right to residence ceases on the date he has been declared as
undesirable.
(8) The enforcement of the decision whereby the alien was declared undesirable
shall be performed by escorting the alien up to the border or up to the country of
origin, by the specialized personnel of the Romanian Immigration Office.
(9) The duration for which an alien may be declared as undesirable is between 5
and 15 years, with possibility of extension of the term for a new period between
these limits, in case it is determined that the reasons which determined such
measure still exist. The extension of the time limit shall be made under the
conditions provided for in paragraph (2).
ARTICLE 86
(2) Exercising the means of attack provided for in paragraph 1 shall not have
suspension effect in enforcing the decision of declaring the alien undesirable. In
strongly motivated cases and in order to prevent imminent damage, the plaintiff
may ask the court to take the decision of suspending the enforcement of the
decision of declaring the alien undesirable, up to the moment the action is
solved. The court shall urgently solve the suspension request, the decision in
this case being de jure enforceable.
SECTION 3
ARTICLE 87
(1) (1) Escorted removal shall be carried out, under conditions of this emergency
ordinance, by specialized staff of the Romanian Immigration Office, for following
categories of aliens:
a) who did not voluntarily leave the territory of Romania on expiry of the term
provided for by the decision of leave mentioned by Art. 82 (3);
b) who have illegally crossed or attempted to illegally cross the state border;
(2) Escorted removal may also be carried out in case of aliens who have
physical or mental disabilities or represent a danger to public health.
(3) In the case of the escorted removal procedure, the Romanian authorities
shall analyze the situation of the alien in order to make sure that he is not in any
1
of the situations provided for by Art. 92 (1) or by Art. 92 (1), but also that he is
not a vulnerable person. Removal under escort of the vulnerable persons shall
be performed in consideration of their special needs.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 88
(2) If the aliens possess a valid travel document, financial means and other
formalities are not necessary, escorted removal shall be performed within 24
hours.
(3) Aliens who do not possess travel documents shall be presented to the
diplomatic missions or consular offices accredited in Romania of the states
whose citizens they are, for the purpose of being issued such documents.
(5) For aliens originating from states, which do not have diplomatic missions or
consular offices in Romania, relevant travel documents shall be requested from
the country of origin, through the General Directorate for consular affairs within
the Ministry of Foreign Affairs.
(6) In case the travel document may not be obtained under the conditions
provided for in paragraph (5), the Romanian Immigration Office may issue a
laissez-passer, according to the law.
(7) When there are well-founded indications that escorted removal may not be
carried out within 24 hours, the alien shall be transferred into public custody or
he may be allowed to stay on the territory of Romania.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 89
(1) Aliens mentioned by Art. 87 may be also removed under escort on the basis
of readmission agreements concluded by the European Union or by Romania
with third countries, only if the provisions of such agreements are more
favourable to them than the provisions hereof.
(2) Upon request from one of the states which have concluded readmission
agreements with Romania, the alien who is subject of a readmission procedure
by a third state may be allowed to transit the territory of Romania on condition to
be escorted and to present guarantees that he may continue his journey and
enter the state of destination.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 90
Measures of Assistance between European Union Member States in Cases
of Removal of Aliens by Air
(1) In cases in which removal is not possible by using direct flights to the country
of destination, the Romanian Immigration Office may request other states to
allow airport transit.
(2) In order to carry out the removal of the alien by air, the Romanian
Immigration Office shall order escorting of aliens to the country of transit or
destination in following cases:
d) there are well-founded indications that the alien will not respect the measure
of removal or intends to remain in the state of transit;
e) Romanian public authorities with competencies in the field of public order and
national security request that the alien should be escorted.
(3) During performance of the removal measures, members of the escort shall
be unarmed and wear civil attire. They have the obligation to respect the
legislation of the state of transit, to use force, on observance of the provisions of
1
Art. 88 (1 ), only when the representatives of the state of transit are not present
or they need support.
(4) The Romanian Immigration Office shall make the necessary steps to return
the aliens to the territory of Romania if, during removal by air, one of the
following situations occurs:
b) the alien has entered the territory of the respective state during transit;
(6) The request for transit mentioned by paragraph (5) may be denied if:
b) transit to other states or entry to the state of destination are not allowed;
d) the alien poses a threat to national security, public order and health or
international relations of the Romanian state;
(7) In the case in which, subsequent to approval of the transit, any of the
situations mentioned by paragraph (6) occurs, the authorizations already issued
shall be revoked, while informing applicant authorities on the reasons which
brought about revocation.
(8) A request for transit shall be forwarded in writing, latest two days before the
transit. This term may be reduced in urgent and justified cases.
(9) The form and contents of the request for transit shall be determined by order
of the minister of interior and administrative reform, to be published in the
Official Gazette of Romania, Part I.
(10) The decision shall be communicated to the applicant Member State within a
time limit of 2 days. The deadline may be extended, in justified cases, by a
maximum of 48 hours.
(11) The General Inspectorate of Border Police shall establish contact points in
all important transit areas.
(12) The transit operation shall not exceed 24 hours. In the case in which, for
objective reasons, additional assistance measures are necessary for the
continuation of the transit operation, this term by be extended by a maximum of
48 hours.
(13) Within the limit of available means and according to relevant international
standards, the General Inspectorate of Border Police shall ensure the necessary
assistance measures from landing to leaving the airport to the alien’s country of
origin, with regard to:
a) taking over the alien at aircraft and escorting him within the airport premises,
especially to the connecting flight;
b) ensuring the alien and, if the case, to persons from his escort, emergency
medical treatment;
c) ensuring food for the alien and, if the case, for persons from his escort;
f) notification of the applicant state with regard to any serious incidents occurring
during transit;
g) while stationing in the transit airport, the head of the border crossing point
may order accommodation of the alien in specially equipped places as well as
use of legal means for preventing or hindering any attempt of the alien to
oppose the transit.
(14) The costs of services ensured according to paragraph (13) shall be covered
by the applicant state.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 91
(2) When the Romanian Immigration Office decides to organize a flight for
removal of aliens, to which other EU Member States might take part, it shall
inform the competent authorities from these states.
(4) In case the Romanian Immigration Office decides to take part in a joint flight
for removal of aliens, organized by an EU Member State, it shall inform
competent authorities of the organizing state on the intention to participate,
specifying the number of persons who are subject to removal, and ensures a
sufficient number of escorting staff. In the case in which escort is ensured only
by the organizing state, the Romanian Immigration Office shall ensure the
presence of at least 2 representatives on board of the aircraft, who shall be
responsible for handing over the aliens in their responsibility to the state of
destination.
(5) The Romanian Immigration Office ensures both to the aliens who are subject
to removal measures, as well as to its own escort staff, valid travel documents,
visas and any other necessary documents and requests, through the General
Directorate of Consular Affairs, the necessary assistance from the diplomatic
missions of Romania.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 92
Interdiction of Removal
a) the alien is underage, and his parents hold a right to residence in Romania;
c) the alien is married to a Romanian citizen, with the exception of the following
situations:
1. (i)
2. (ii)
d) the alien is married to another alien citizen who has a long-stay right on the
territory of Romania and the marriage is not one of convenience;
f) there are justified reasons to believe that the alien’s life is in danger or that he
would be exposed to torture, inhuman or degrading treatments in the state he is
going to be sent to.
(2) The persons mentioned by paragraph (1) may be granted or, if the case,
extended the right to residence in Romania, by the Romanian Immigration
Office, for one of the purposes mentioned in Chapter IV, without the need to
previously obtain a long-stay visa.
(3) The provisions of paragraphs (1) and (2) shall not apply to the aliens who
represent a danger to public order, national security or who suffer from a
disease which endangers public health and refuse to be subject to treatment
ordered by medical authorities, except for those provided for in paragraph (1)(f).
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
1
ARTICLE 92
Suspension of Removal
(1) The enforcement of the removal measures shall be suspended if the alien:
c) is in one of the situations provided for by Art. 15 (1), until the date when the
reasons for not being allowed to leave Romania cease;
(2) The persons provided for in paragraph (1) may be granted tolerance to
remain on the territory of Romania.
(3) The alien shall be informed in writing of the suspension of the removal and
the granting of the tolerance on the Romanian territory.
(4) the aliens who represent a danger to public order, national security or who
suffer from a disease which endangers public health and refuse to be subject to
treatment ordered by medical authorities shall be excepted from the provisions
of paragraph (1).
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 93
(1) The aliens on the Romanian territory may request the support of the
Romanian Immigration Office and of the international or non-governmental
organizations having duties in the field of for the voluntary repatriation to the
country of origin if they do not have any financial means.
(4) Aliens mentioned by paragraph (1) may individually benefit only once from
the support granted by the National Immigration Office, though the programmes
mentioned by paragraph (2), for assisted voluntary repatriation for humanitarian
purposes.
SECTION 4
Expulsion of Aliens
ARTICLE 94
(1) Against the alien who has committed an offence on the territory of Romania
it is possible to dispose the measure of expulsion in the conditions provided for
by the Criminal Code and the Criminal Procedure Code.
(2) The right of stay of the alien ceases de jure on the date on which the
measure of expulsion has been decided.
(3) Abrogated.
(4) If the alien does not possess a travel document or sufficient financial means,
the Romanian Immigration Office shall proceed according to the provisions of
Art. 88 (3), (5) and (6).
(5) Abrogated.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 95
Interdiction of Expulsion
(1) An alien cannot be expelled to a state where there are justified reasons to
believe that his life is in danger or that he will be subjected to torture, inhuman
or degrading treatments.
(2) The measure of expulsion shall not be decided and in case of its decision, it
cannot be executed if the alien is subject to one of the cases provided for in
Art. 15 (1).
(3) The interdiction of expulsion lasts until the disappearance of the reasons on
which it was based.
(4) The establishment of the situations provided for in paragraphs 1 and 2 falls
under the competence of the court after the notification made by the Romanian
Immigration Office.
ARTICLE 96
(1) The decisions of removal of aliens, citizens of third countries, from the
territory of EU Member States, shall be recognized by the Romanian state and
enforced by the Romanian Immigration Office under the conditions of this
emergency ordinance, in following cases:
a) the decision of removal is made for reasons of public order and national
security, as follows:
1. (i)
when the alien has been convicted for an offence for which the law provides
sentence by imprisonment of more than one year;
2. (ii)
as a result of the fact that the alien carries out or of indications that the alien
plans to carry out activities which may endanger public order or national
security;
b) the decision of removal is made as a result of the alien’s failure to fulfil the
conditions regarding entry and stay on the territory of the Member State under
reference.
(4) Exceptions to the provisions of paragraph (1) are aliens’ family members of
Romanian citizens, as well as family members of citizens of EU Member States.
(5) In order to enforce this article, the Romanian Immigration Office cooperates
and exchanges information with competent authorities of EU Member States.
(6) Expenses incurred by the Romanian Immigration Office for the purpose of
removal of aliens, based on the decisions mentioned in paragraph (1), shall be
covered by the budget of income and expenses approved to the Ministry of the
Interior and Administrative reform for the Romanian Immigration Office, for this
purpose.
(10) In case of removal decisions forming the object of paragraph (1), the alien
may contest the measure related to the enforcement of the removal in
accordance with the provisions of this emergency ordinance.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
SECTION 5
ARTICLE 97
b) the alien did not observe the voluntary return term granted by the return
decision;
e) the alien is subject to the safety measure of expulsion ordered by the court of
law.
(2) the measure of transfer to public custody shall be ordered by the specially
designated prosecutor from the Prosecutor’s Office within the Bucharest Court
of Appeal, for a period of 30 days, upon request of the Romanian Immigration
Office, in order to fulfil the necessary measures for the escorted removal.
(3) The measure may also be ordered by the court of law together with the
decision whereby the alien is declared undesirable or his expulsion is ordered.
In such case the taking into public custody shall be ordered until the removal
from the territory of Romania, but not more than 18 months.
(4) Extension of the duration for transfer into public custody of aliens mentioned
by paragraph (2), who could not be removed from the territory of Romania within
30 days shall be decided upon by the court of appeal in whose area of territorial
competence the accommodation centre is situated, upon motivated request of
the Romanian Immigration Office. The court shall decide before the expiry of the
term of transfer into public custody previously ordered, and the court decision
shall be irrevocable.
(5) The duration for public custody for aliens against whom a return measure
has been ordered may not exceed 6 months.
(6) The period provided for in paragraph (5) may be extended by exception, in
the conditions provided for in paragraph (4), for an additional period which
cannot exceed 12 months, if the Romanian Immigration Office was unable to
remove the alien because of:
b) the delay in obtaining the documentation necessary for his removal from the
third countries.
(7) In the case when, subsequent to an alien’s transfer into public custody, the
1
existence of one of the cases mentioned by Art. 92 (1) or by Art. 92 (1) is found
or the alien requests for the first time a form of protection, the measure of
transfer into public custody shall cease de jure. In formulating a second request
to access a form of asylum, the measure of public custody ceases at the date of
granting the access to a new procedure.
(8) Exceptions to the provisions of paragraph (7) are situations in which, for
reasons of national security or public order, it is necessary to remove the aliens
from the territory of Romania or maintain the alien in public custody up to the
finalization of the procedure for granting a form of protection.
(9) Aliens against whom the transfer into public custody has been ordered,
under the conditions provided for in paragraph (2), may submit within a limit of 5
days a complaint to the court of appeal having jurisdiction in the area where the
accommodation place is located, which has the obligation to process it within 3
days from the date of registration. The complaint filed shall not suspend the
removal procedure.
(10) Aliens taken under public custody, as well as those removed under escort
within the 24 hours, shall be fingerprinted and photographed.
(11) If the Romanian Immigration Office, ex oficio or at the request of the alien,
determines that the alien can no longer be removed within the period for which
the measure of public custody was ordered, it shall order the cancellation of the
measure and granting tolerance. The decision to deny the application of the
alien may be challenged within 5 days to the court of appeal having jurisdiction
in the area where the accommodation place is located, which has the obligation
to process it within 3 days from the date of registration. The court decision shall
be final and irrevocable.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
1
ARTICLE 97
(3) The Romanian Immigration Office shall inform the European Commission
with regard to the measures ordered in accordance with paragraph (1), as well
as with regard to the cessation of their application.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 98
Accommodation Centres
(1) Aliens taken into public custody shall be placed into accommodation centres,
further on referred to as centres.
(2) The centres are closed spaces, especially equipped for this purpose, under
administration of the Romanian Immigration Office, and serve the purpose of
temporary accommodation for aliens who have been declared undesirable or
against whom the measures of return or expulsion have been ordered and they
have been transferred into public custody.
(3) Abrogated.
(4) Centres are set up, organized, authorized for sanitary standards, furnished
and equipped in order to offer adequate conditions of accommodation, catering,
medical assistance and personal hygiene.
amended by
Law No. 158/2013 – for the amendment and supplementation of Government
Emergency Ordinance No 194/2002 on the regime of aliens in Romania of 15
May 2013, Official Gazette No. 280/2013;
ARTICLE 99
(1) The aliens accommodated in centres shall benefit from the rights provided
for by law, including those provided for in the international treaties in the field, to
which Romania is a party.
(2) The aliens accommodated in centres shall have the right to legal, medical
and social assistance and to the respect of their opinion and specific nature in
the religious, philosophical, cultural field.
(4) During their stay in centres, the aliens shall be offered the possibility of
communicating with diplomatic and consular representatives of the state of
origin, with their family members, as well as with the legal representative.
(5) The personnel of the centres shall treat aliens impartially as regards race,
sex, age, culture, nationality, religion or affiliation to a certain social group.
(6) Abrogated.
(8) The vulnerable persons accommodated in the centres are entitled to medical
care and treatment adequate to their special situation.
(9) Upon their introduction in the centres, the aliens have the obligation to
submit to corporal and medical control, fingerprinting and photographing, as well
as to hand over any dangerous objects or prohibited by law, the valuables, the
amounts of money held and mobile means of communication.
(10) During their accommodation in the centres, the aliens have the obligation to
observe the daily program, the individual and collective hygiene rules, not to
destroy the goods in the centres, to comply with the orders of the centre
personnel, given in the exercise of their professional duties, and to submit to the
medical investigations and treatment if they have medical illnesses that may
jeopardize the health of the other persons in the centre.
(11) During their accommodation in the centres, the aliens are prohibited to
carry out actions that may prejudice the centre’s interior security and order or to
instigate to such actions, to consume alcoholic drinks or prohibited substances,
to trade food, equipment or any other goods within the centres.
(12) If the aliens fail to observe their obligations, the necessary measures,
including the use of force, may be taken to protect the life or physical integrity of
the centre personnel, of the aliens or of other persons, to prevent material
prejudice, the unauthorized leave of the centre or to restore internal order. The
measures shall be applied gradually and proportionally to the danger to be
eliminated.
(13) The interior order rules that the aliens accommodated in the centres have
the obligation to observe, as well as the organization modality of access,
security, surveillance and accompanying of the aliens to and from the centres
are provided for by the regulation approved by order of the ministry of internal
affairs, published in the Official Gazette of Romania, Part I.
amended by
Law No. 158/2013 - for the amendment and supplementation of Government
Emergency Ordinance No 194/2002 on the regime of aliens in Romania of 15
May 2013, Official Gazette No. 280/2013;
ARTICLE 100
(2) Medical services provided for in paragraph 1 shall be offered in each case
through the medical service of the accommodation centres or medical units of
the Ministry of Interior Affairs and Administrative Reform or of the Ministry of
Public Health. The expenses shall be discounted by the Ministry of Interior and
Administrative Reform, by the budget allocated to the Romanian Immigration
Office, especially provided for in this respect.
ARTICLE 101
Special Measures
(1) The aliens taken into public custody, convicted by final court sentences, shall
be accommodated separately from the other categories of aliens.
(2) During the entire period the aliens are under public custody, the travel
outside the accommodation centres shall be made under escort.
(3) The families taken into public custody shall be accommodated separately,
being ensured an appropriate level of privacy.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
SECTION 6
ARTICLE 102
Granting Tolerance
(1) Toleration of stay on the territory of Romania, further on called toleration, is
the permission to stay on the territory of the country, granted by the Romanian
Immigration Office to alien who do not have a right to reside and do not leave
the territory of Romania for objective reasons, materialized by the issuance of a
tolerance document.
(2) Objective reasons, in the meaning of this emergency ordinance, means such
circumstances which are independent of the alien’s will, cannot be foreseen and
removed, which do not allow the alien to leave the territory of Romania.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 103
(1) Aliens mentioned by Art. 102 (1) may be tolerated in following instances:
a) when they fall under the situations mentioned by Art. 15 (1) and do not fulfil
the conditions provided for by the law to be granted a residence permit;
b) when the measure of taking into public custody ordered against them ceased;
e) when there are serious reasons to believe that the aliens are victims of
trafficking of human beings. In this case, toleration shall be granted upon
request of the prosecutor or of the court;
f) when the suspension of the measure of removal from the territory of Romania
was ordered;
g) when the removal under escort cannot be performed within 24 hours, but
there are serious reasons to believe that they are not required to be taken into
public custody;
h) when the Romanian Immigration Office determines that the aliens are
temporarily unable to leave the territory of Romania for other objective reasons.
(2) If the aliens who meet the conditions provided for in paragraph (1) form the
object of an alert entered in the Schengen Information Center by another
Schengen state for the purpose of interdicting entrance, tolerance may only be
granted for grounded reasons, particularly for humanitarian reasons or due to
international obligations and only after consulting the Schengen state that
entered the alert, in accordance with the procedure provided in the Sirene
Manual.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 104
Tolerance Regime
(3) Abrogated.
(4) Upon the ceasing of the reasons which were at the basis of granting
tolerance, the alien who is not in one of the situations provided for in paragraph
1
(1 )(a) and (b) shall be immediately removed from the Romanian territory, in
accordance with this emergency ordinance.
(5) In the case of the persons provided for in Art. 103 (1)(e), the prosecutor, by
ordinance or, as the case may be, the court, by decision, may order the
extension of tolerance if the presence of the persons is necessary for a good
procedure of the criminal trial. In this case, tolerance shall be extended
successively, under the conditions provided for in paragraph 1, to the moment
the criminal trial ends.
1
(5 ) During the period when they were granted tolerance to remain on the
territory of Romania, the aliens shall have access to the Romanian labour force,
in the conditions provided for by law for Romanian citizens.
2
(5 ) The right to work granted to aliens who were given tolerance to remain on
the territory of Romania shall cease as of right in all cases where tolerance
ceases.
(6) The alien shall be bound to present himself every 60 days or whenever he is
called to the territorial group of the Romanian Immigration Office which granted
him tolerance and to notify any change of address.
(7) Tolerance has territorial validity limited to the competence area of the group
of the Romanian Immigration Office which granted it and any travel outside such
area shall be allowed only with a prior approval.
(9) In the case of the aliens provided for in Art. 103 (1)(b), if the reasons for
which they could not be removed from the territory of Romania in the previous
public custody period ceased, then they may be taken into public custody again,
in accordance with the provisions of Art. 97 (2), in order to be removed from the
territory of Romania.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
SECTION 7
ARTICLE 105
(1) At the same time as issuing the decision to return or enforcing the measure
of expulsion, the Romanian Immigration Office may order under the law the
interdiction of entering Romania for a determined period.
(2) The measure provided for in paragraph (1) may be ordered by the Romanian
Immigration Office or by the General Inspectorate of Border Police, under legal
conditions, even in the situation when the alien was not subject to any measure
of removal or against aliens mentioned by Art. 8 (1)(b) to (d) and Art. 8 (2)(a) to
1
(b ).
1
(2 ) If the alien against whom the measure of interdiction to enter the country
shall be taken holds a stay permit issued by another Schengen state, then the
state that issued the permit shall be consulted in accordance with the procedure
of the Sirene Manual.
(5) The interdiction to enter Romania may be appealed against by the alien
within 10 days at the court of appeal responsible for the area where the body,
which decided the measure, is located. The appeal does not suspend
performance of removal measures. Decision of the instance shall be irrevocable.
(6) All the cases in which interdiction to enter Romania has been ordered shall
be entered in the National Alien Record System by the Ministry of Administration
and Interior, by the Romanian Immigration Office.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 106
(1) Against aliens who have legally entered Romania, but whose stay has
subsequently become illegal, the duration of prohibition of entry to Romania
shall be as follows:
1. (i)
an illegal stay from 30 days to one year, for aliens who did not leave the territory
of Romania on expiry of the right to residence conferred by the visa or on the
basis of international conventions or normative documents for unilateral
cancelling of the visa regime;
2. (ii)
an illegal stay from 3 months to one year, for aliens who held a temporary
residence permit;
3. (iii)
aliens who failed to respect the return decision and have been removed under
escort;
b) cover the expenses incurred by their removal from the territory of Romania;
(3) In case of aliens against whom the court has ordered the safety measure of
expulsion, the duration of the interdiction shall be equal to the duration of the
punishment they have been sentenced to, but not less than 3 years.
1
(3 ) Against the aliens who entered Romania during the interdiction period, the
duration of the interdiction shall be the one previously ordered but not less than
5 years.
(4) Against aliens who have or attempted to illegally cross the stat border, the
duration of interdiction shall be of 5 years.
(5) Against aliens mentioned by Art. 105 (2) the duration of interdiction shall be
as follows:
(6) In cases strongly justified, at the request of aliens who prove that they could
not leave the territory of Romania in full observance of the return decision, the
Romanian Immigration Office may withdraw or suspend the interdiction to enter
Romania.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
CHAPTER VI
SECTION 1
Residence Permits
ARTICLE 107
(1) The alien who was granted or, as the case may be, renewed the right to stay
in Romania, shall be granted a stay permit by the Romanian Immigration Office
through its territorial units, a residence permit as follows:
a) temporary residence permit to the alien who was granted or, as the case may
be, extended the temporary right to stay;
b) residence permit for employment to the alien who was granted or, as the case
may be, extended the temporary right to stay and the right to work;
1
b ) The EU Blue Card to the alien, holder of a valid work authorization for highly
qualified workers, who was granted or, as the case may be, extended the
temporary right to stay and the right to work;
c) long-stay permit to the alien who was granted the long-stay right.
(2) The provisions regarding the temporary right of stay shall apply accordingly
to the residence permit for employment purposes and the EU Blue Card.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 108
(1) The residence permit issued to the alien under the conditions of this
emergency ordinance is proof of identity, of the address of residence and attests
the existence of the right to residence in Romania, as well as the duration and
purpose for which this right has been granted.
(2) The holder of the residence permit has the obligation to carry the document
with him at all times, not to transfer it to other persons and to present it to the
bodies of competent authorities as often as he is requested.
ARTICLE 109
(1) The temporary residence permit shall be issued to aliens upon granting or
extension of the right to temporary residence. The temporary residence permit
shall mention the address declared by the alien as his residence on the territory
of Romania.
(2) The temporary residence permit has a limited validity for the duration for
which the right to temporary residence has been granted or extended. The
temporary residence permit shall be renewed each time upon extension of the
right to temporary residence.
ARTICLE 110
(1) The permanent residence permit shall be issued to aliens, on the basis of
obtaining the long-stay right:
a) to the aliens family members of Romanian citizens, for a period of 10 years,
and shall be successively renewed for the same period;
(2) The permanent residence permit shall mention the address declared by the
alien to be his domicile on the territory of Romania.
1
(2 ) The long-stay permits issued to the holders of a long-stay right, obtained
further to holding an EU Blue Card, shall mention “Former holder of an EU Blue
Card ".
(3) The request for granting the permanent residence permit shall be lodged by
the holder of the right to permanent residence to the territorial unit of the
Romanian Immigration Office in the competence area of which the alien legally
resides and shall be supported by following documents:
(4) For the renewal of the permanent residence permit, the applicant shall
submit, at least 30 days before expiry of the document’s validity, an application
supported by the documents to prove legal possession of the place of
accommodation at the address declared by the alien as his domicile on the
territory of Romania.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 111
In case the right to permanent residence of the holder of the residence permit is
revoked or annulled, the document shall be annulled on the date of the decision
and shall be withdrawn the latest on the date on which the decision has been
communicated to the.
ARTICLE 112
(1) The holder of the residence permit has the obligation to notify the territorial
unit of the Romanian Immigration Office which has issued the document about
its theft, loss, deterioration or destruction, within a limit of 5 days from
ascertaining one of these situations.
(2) The alien shall be issued by the territorial unit of the Romanian Immigration
Office a new resident permit to replace the stolen, lost, damaged, or destroyed
one.
(3) The residence permits the validity of which has expired, as well as the
damaged ones shall be cancelled by the competent territorial unit of the
Romanian Immigration Office.
ARTICLE 113
The form and contents of the residence permits shall be established by decision
of the Government of Romania.
SECTION 2
ARTICLE 114
Abrogated.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 115
Abrogated.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 116
Abrogated.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 117
Abrogated.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
1
SECTION 2
1
ARTICLE 117
(1) The alien who was granted tolerance shall be issued a document attesting
the existence of the permission to remain on the territory of Romania, the period
for which he benefits from such permission and that attests to his address of
residence on the territory of Romania.
(2) During the validity of the document, the holder thereof shall have access to
the labour market in the same conditions as the Romanian citizens.
(3) The validity of the tolerance document is limited to the period for which the
permission to stay on the territory of Romania was granted to its holder and
shall be renewed each time upon the extension of such permission.
(4) the holder of the tolerance document has the obligation to permanently hold
the document with him, not to alienate it and to present it to the bodies of the
competent authorities whenever requested.
(5) The holder of the tolerance document has the obligation to inform the
Romanian Immigration Office of the theft, loss, deterioration or destruction of the
document, within maximum 5 days from becoming aware of any of such
situations.
(6) The alien shall be issued by the competent territorial unit of the Romanian
Immigration Office a new tolerance document to replace the one that was
stolen, lost, deteriorated or destroyed.
(7) The form and contents of the tolerance document shall be established by
Government decision.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
SECTION 3
ARTICLE 118
(1) The Romanian Immigration Office, through its territorial units or, by case, the
Ministry of Foreign Affairs, through the diplomatic missions and consular offices
of Romania abroad, may issue, upon request, following types of travel
documents:
1. (i)
foreign citizens staying on the territory of Romania, who are no longer in the
possession of a national passport and, for objective reasons, cannot obtain a
travel document from the diplomatic mission of their state;
3. (iii)
(2) For students residing on the territory of Romania, who intend to travel or
transit an EU member state in the framework of a school trip, in conformity with
Council Decision No 94/795/JHA on a joint action adopted by the Council on the
basis of Article K.3.2.b of the Treaty on the European Union concerning travel
facilities for school pupils from third countries resident in a Member State,
published in the Official Journal of the European Communities No 327 of 19
December 1994, the Romanian Immigration Office shall confirm the resident
status of the aliens included in the list of participants and the authenticity of data
presented in such document.
(3) Notification of member states with regard to the status of the list of
participants as travel document by students who reside on the territory of
Romania shall be performed by the Ministry of Foreign Affairs.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 119
Issuing a Laissez-Passer
(1) For persons mentioned by Art. 118 (1)(a)(i) and (ii) the laissez-passer shall
be issued by the Romanian Immigration Office through its territorial unity and
shall be valid for a single travel, for a period of 30 days, with possibility of
extension for another 30 days.
(2) For persons mentioned by Art. 118 (1)(a)(iii) the laissez-passer shall be
issued by diplomatic missions or consular offices of Romania abroad, with the
approval of the Romanian Immigration Office, for the purpose of their return to
Romania. Upon return to the country, the laissez-passer shall be handed over
by the holder to the territorial unit of the Romanian Immigration Office where the
holder resides.
ARTICLE 120
(1) Passports for stateless persons are proofs of identity and of the quality of a
stateless person with residence in Romania and enables the holder to enter and
leave the country through any of the state border crossing points open for
persons’ travel.
(2) When abroad, the passport for stateless persons ensures the holder the right
to receive assistance and protection from the diplomatic missions and consular
offices of Romania.
(3) Passports for stateless persons are property of the Romanian state.
ARTICLE 121
ARTICLE 122
Conditions with regard to the Request for Issuing Passports for Stateless
Persons
(1) The request for issue of a passport for stateless persons shall be lodged by
the persons mentioned by Art. 118 (1)(b) to the territorial units of the Romanian
Immigration Office and shall be supported by the following documents:
(2) Passports shall be issued within a term of 30 days from submission of the
request.
ARTICLE 123
In case the holder of the passport for stateless persons loses his quality as a
stateless person with permanent residence in Romania or obtains the
citizenship of a state, he has the obligation to submit the document to the
competent territorial unit of the National Immigration Office, which shall withdraw
and annul the document.
ARTICLE 124
(1) The holder of the passport for stateless persons has the obligation to notify
the territorial unit of the Romanian Immigration Office that has issued the
document, about its loss, theft, damage or destruction, within maximum 5 days
from ascertaining any of such situations.
(2) The alien shall be issued, upon request, under the conditions stipulated by
Art. 120, a new document to replace the one he declared as stolen, lost,
damaged or destroyed, within a term of maximum 30 days.
(3) Passports for stateless persons, which have been damaged, shall be
withdrawn and annulled by the territorial office of the Romanian Immigration
Office.
ARTICLE 125
The form and contents of travel documents stipulated in this section shall be
determined by decision of the Government of Romania.
CHAPTER VII
ARTICLE 126
Abrogated.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 127
Abrogated.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
CHAPTER VIII
ARTICLE 128
(1) Aliens who are citizens of third countries or stateless persons and enjoy a
long-stay right in EU Member States may enter and stay on the territory of the
Romanian state for the duration of 90 days within 6 months, without the need to
obtain an entry visa.
(2) Persons mentioned by paragraph (1) may be extended the right to temporary
residence, without previously having to fulfil the condition of obtaining a long-
stay visa, under the conditions stipulated by this Emergency Ordinance.
(3) Persons mentioned in paragraph (1) shall enjoy equal treatment in the fields
and under the conditions stipulated by Art. 75.
(4) By exception to the provisions of paragraph (3), access to the labour market
for aliens holding a long-stay right in an EU Member State shall be possible
taking into account relevant labour legislation and the need to occupy vacancies
mentioned within the register of occupations in deficit on the territory of
Romania, established by the specialized structure within the Ministry of Labour,
Family and Equal Opportunities.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
1
ARTICLE 128
Readmission of Aliens Holding an EU Blue Card
The holder of an EU Blue Card who was denied the application to move to a
second Member State shall be admitted immediately, without formalities, on the
territory of Romania. The readmission shall be accepted immediately, without
formalities, for his family members as well.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 129
(1) Family members of aliens mentioned by Art. 128, who hold a long-stay right
in an EU Member State for the purpose of family reunification, may enter
Romania on the basis of a long-stay visa granted for the same purpose by
diplomatic missions or consular offices of Romania, while fulfilling the general
conditions for granting visas, as well as presenting proof of the right to residence
on the territory of the EU Member State in this quality.
(2) Family members of the aliens mentioned by Art. 128, who do not hold a right
to temporary residence in an EU Member State for the purpose of family
reunification, shall fall under the provisions of Art. 46.
(3) Aliens mentioned in paragraph (1) may be extended the right to residence
while fulfilling general conditions stipulated by the law, if they:
b) prove the fact that they have resided as family members of an alien with a
long-stay right in an EU Member State;
(4) Aliens mentioned by paragraph (2) may be extended the right to residence,
according to the provisions of Art. 62.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 130
d) their stay in Romania does not present a danger to public order and national
security.
(2) The right to residence may be granted, for the duration of 6 months, with the
possibility of extension for new periods, under similar conditions.
b) the holder of the right to reside has renewed, with intention, the contacts to
the persons suspected to have committed the offences stipulated by paragraph
(1);
c) if ascertained that the alien intentionally mislead the competent authorities
with regard to the quality of a victim or to the data and information provided;
(4) The residence permit for the persons mentioned by paragraph (1) shall be
issued free of charge.
(5) If the persons provided for in paragraph (1) were not granted a right of stay
on the territory of Romania, they cannot form the object of an interdiction to
enter Romania unless they represent a threat to the public order or national
security or they did not observe the decision to return.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 131
(1) In the situation of underage aliens who enter the territory of Romania
unaccompanied or who remain unaccompanied after them having entered the
territory of Romania, the Romanian Immigration Office and its territorial unity
shall proceed as follows:
a) define their identity as well as the way by which they have entered the
country;
b) without regard of the manner in which they have entered Romania, they shall
be ensured representation by a competent institution according to the law, which
shall also ensure necessary protection and care, including accommodation in
special centres for protection of minors under the same conditions as for
Romanian minors;
f) in the case the parents or any other family members cannot be identified or if
the minor is not accepted by the country of origin, he/she shall be granted the
right to temporary residence on the territory of Romania.
(2) (2) For the purpose of identification of adequate solutions, the Romanian
Immigration Office shall cooperate with other institutions, as well as with national
and international organizations, specialized in the field of minor’s protection.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 132
(1) Underage aliens who reside in Romania shall have free access to
compulsory education, under the same conditions as underage Romanian
citizens.
(2) The Ministry of Education, Research and Youth shall determine, according to
the law, the limits and conditions for the recognition of studies carried out in the
country of origin, in order to enrol foreign students into the national education
system.
CHAPTER IX
ARTICLE 134
Contraventions
2. failure of the alien to leave the territory of Romania after the date when the
right to reside in Romania stipulated by Art. 11 ceases;
3. failure of the alien to respect the obligation to register with the territorially
competent police authority within a maximum of 3 days from the term stipulated
by Art. 12 (1);
5. failure to provide the information stipulated by Art. 13 (1) and (3), within the
time limits stipulated by Art. 13 (4);
6. granting permission to leave the country to aliens who fall into one of the
situation of prohibition to leave the country stipulated by Art. 15 (1);
7. failure to respect the term for submission of the request for extension of the
right to temporary residence, stipulated by Art. 51 (1);
11. failure of the alien to respect the obligation with regard to the residence
permit, stipulated by Art. 108 (2), with regard to the tolerance document,
1
provided for by Art. 117 (4), as well as failure to present travel documents, in
case of aliens staying in Romania on the basis of a visa or of international
conventions or normative documents for unilateral cancellation of the visa
regime;
12. failure to respect the term for submission of the request for renewal of the
residence permit, stipulated by Art. 110 (4);
13. failure to respect the term for notification of theft, loss, damage or
destruction of the residence permit, stipulated by Art. 112 (1), or of the tolerance
1
document, stipulated by Art. 117 (5);
14. failure to respect the term for notification of the theft, loss, damage, or
destruction of the passport for stateless persons, stipulated by Art. 124 (1);
15. withholding the state border crossing document of an alien or the residence
permit by unauthorized persons;
16. facilitation, in any form, of the illegal stay of aliens on the territory of
Romania.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 135
Sanctions
a) by fine between RON 100 and RON 500, those provided for at points 3, 4, 5,
7, 8, 10, 11, 12, 13, and 14;
b) by fine between RON 500 and RON 1,000, that provided for at point 6;
c) by fine between RON 2,000 and RON 3,000, those provided for at points 9,
15, and 16;
d) by fine between RON 8,000 and RON 15,000, that provided for at point 1,
calculated for each alien carried;
e) in the case of the contravention stipulated by point 2, the fine shall be applied
as follows:
1. (i)
between RON 400 and RON 700, in case of a stay of up to 30 days after
conclusion of the right to residence;
2. (ii)
Between RON 600 and RON 1,000, in case of a stay of up to 60 days after
conclusion of the right to residence;
3. (iii)
Between RON 800 and RON 1,200, in case of a stay of more than 60 days after
conclusion of the right to residence.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 136
Ascertaining Contraventions
ARTICLE 137
Regime of Contraventions
(2) In the case of contraventions stipulated by Art. 134 points 5, 11, and 16, the
contravening person may pay, immediately or within a term of 48 hours from the
conclusion of the minutes or, by case, from the date of communication, half of
the minimum fine stipulated by Art. 135, the ascertaining agent mentioning this
in the minutes.
ARTICLE 138
ARTICLE 139
(2) If the act stipulated by paragraph (1) has been performed repeatedly, the
punishment shall be imprisonment for a period between 3 and 7 years.
ARTICLE 140
(2) The penalty stipulated by paragraph (1) shall also apply to the aliens who
finance political parties, organizations, groups, or rallies or meetings as
stipulated by Art. 4 (3).
(3) Amounts of money, goods of any nature or any other valuables received
while having infringed the provisions of Art. 4 (3) shall be seized.
ARTICLE 141
(1) Intentional facilitation, in any possible way, of the illegal stay of aliens on the
territory of Romania shall constitute an offence and shall be punished by
imprisonment between 6 months to 5 years.
(2) The deed stipulated by paragraph (1), carried out under the following
circumstances:
b) caused to aliens a severe violation of their life and physical integrity, shall be
punished with imprisonment from 2 to 8 years.
(3) If the deed led to decease of the alien, the punishment shall be imprisonment
from 3 to 15 years.
(4) If the deed mentioned by paragraph (1) is carried out by a person who
belongs to an organized group or who has produced or obtained for himself
important material benefits, the special maximum of the punishment shall be
increased by 3 years.
(1) If the offence mentioned by Art. 141 has been committed in the name or in
the interest of a legal person, by its bodies or representatives, it shall be
punished by a fine between RON 15,000 and RON 30,000.
(2) The same punishment shall be applied for the offence mentioned by
Art. 141, if it has been carried out in the interest of a legal person, as a result of
the failure of the persons mentioned by paragraph (1) of their control
attributions, by any person falling under their authority.
(3) The liability of the legal person shall not exclude the penal liability of natural
persons taking part to the offence stipulated by Art. 141.
CHAPTER X
ARTICLE 143
c) to organize and carry out, under legal conditions, controls in places and
environments frequented by aliens, in public and private institutions, as well as
within the premises of companies, regardless of the owner or holder thereof,
when there are data or indications on the existence in such places of aliens who
do not respect legal provisions on the regime of aliens in Romania;
d) to use, free of charge, public means of transport and rail transportation, for
work purposes, in order to carry out missions which cannot be carried out in a
different manner.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 144
Covering Expenses
(1) Expenses incurred by removal from the territory of Romania of aliens who
possess financial means shall be carried by those provided that, after the
payment of such expenses, they are left with an amount equal to at least EUR
50, necessary to cover his own expenses during the removal.
(2) If the alien does not possess financial means and has entered Romania on
the basis of an invitation, expenses incurred by removal shall be covered by the
natural or legal person who has issued the invitation. The invitation shall be an
executory title in the situation the alien invited shall not leave Romania before
the date the right to residence granted by the visa has expired. The amounts to
be reimbursed shall be determined by the Romanian Immigration Office by
establishing a note of ascertaining expenses incurred by the removal of the alien
invited.
(3) The employer, natural or legal person, shall be obliged to cover the
expenses for removal of the alien whom he has employed illegally or whose
residence permit is no longer valid.
(4) The unit for research-development shall be obliged to cover the expenses
incurred by the removal of the alien who has been accepted by this to carry out
activities of scientific research within the framework of a project, in case the
alien continues to stay on the territory of Romania after the right to residence
has expired. The liability of the institute of research and development shall
cease after 6 months after the expiry of the validity of the agreement of
accepting the researcher.
(5) Expenses incurred by the removal of aliens who do not possess sufficient
means in this respect, those for the transport, food, subsistence and
accommodation within centres, those incurred with the destruction by the aliens
of the goods in the centres, as well as those for medical assistance,
hospitalization and ensuring the communication with the diplomatic and consular
representatives of the state of origin, with their family members and legal
representative shall be covered from the budget of the Ministry of Internal
Affairs, within the limit of the funds allocated in this respect.
(7) Necessary funds to cover the expenses mentioned by paragraphs (5) and (6)
shall be provided by the state budget for the Ministry of the Interior and
Administrative reform.
(8) The norms for equipment of the centres, those referring to materials for
subsistence and personal hygiene, as well as the norms for food for aliens
transferred into public custody shall be determined by Government decision.
amended by
Law No. 158/2013 - for the amendment and supplementation of Government
Emergency Ordinance No 194/2002 on the regime of aliens in Romania of 15
May 2013, Official Gazette No. 280/2013;
1
ARTICLE 144
(1) Each alien who was extended the temporary right of stay or was granted a
long term right of stay shall be assigned by the Romanian Immigration Office a
personal number code, which shall be mentioned in his residence permit.
(2) At the justified request of the interested public institutions, the Romanian
Immigration Office may assign a personal number code also to aliens who do
not benefit from a right of stay on the territory of Romania, obtained in
accordance with this emergency ordinance, for the exercise of certain legal
rights and obligations and only with their express consent.
(3) In justified cases, the Romanian Immigration Office may assign a personal
number code also to aliens who were granted tolerance, at their request, which
shall be mentioned in the tolerance document.
amended by
Law No. 157/2011 - amending and supplementing certain normative acts
regarding the regime of aliens in Romania of 11 July 2011,
Official Gazette No. 533/2011;
ARTICLE 145
ARTICLE 146
The Government may establish, by decision, the exemption of aliens who are
citizens of states for which there are no visa requirements for entry to Romania,
from fulfilling the condition stipulated by Art. 6 (1)(c), as well as of conditions for
the extension of the right to residence provided for by this emergency ordinance.
ARTICLE 147
The provisions of Law No. 122/2006 on the asylum in Romania shall be applied
with priority against the provisions of this emergency ordinance, with the
exception of situations in which reasons of national security or public order
impose their removal from the territory of Romania.
ARTICLE 148
Procedural Provisions
In all complaints and requests addressed to the court instances on the basis of
this emergency ordinance, to which the Romanian Immigration Office is a party,
participation of the prosecutor is compulsory.
ARTICLE 149
Starting with the date of Romania’s accession to the European Union, the
provisions of this emergency ordinance shall no longer be applied to citizens of
EU and EEA Member States.
ARTICLE 150
The provisions of Art. 5 (3) and (4), Articles 90, 91, 96, 128 and of Art. 129 shall
come into force from the date of accession of Romania to the European Union.
ARTICLE 151
Transitional Provisions
(1) Within 3 months from the date this emergency ordinance comes into force,
aliens with illegal stay may request the Romanian Immigration Office to issue an
order for leaving the territory.
(2) The issuance of an order to leave the territory, under the conditions provided
for in paragraph (1), shall not be accompanied by a measure of interdiction of
entry into Romania.
(3) All the situations under processing at the date this emergency ordinance
comes into force shall be finalized according to its provisions.
ARTICLE 152
(1) This emergency ordinance shall come into force within 30 days from the date
of its publication in the Official Gazette of Romania.
(2) On the date this emergency ordinance comes into force, Law No. 123/2001
on the regime of aliens in Romania, published in
Official Gazette of Romania Part I No. 168 of 3 April 2001, and
Government Decision No. 476/2001 p for the approval of the Methodological
rules for the enforcement of Law No. 123/2001 on the regime of aliens in
Romania, published in
Official Gazette of Romania Part I No. 276 of 29 May 2001, as well as any other
contrary orders shall be abrogated.
NOTE:
Below we enclose the provisions of Art. II and the mention to transpose the
Community rules from Law No. 56/2007 for the amendment and
supplementation of Government Emergency Ordinance No 194/2002 on the
regime of aliens in Romania, as well as Art. 8 and the mention to transpose the
community rules from Government Emergency Ordinance No 55/2007 on the
establishment of the Romanian Immigration Office by the reorganization of the
Authority for Aliens and the National Office of Refugees, as well as the
amendment and supplementation of certain normative acts, approved as
amended and supplemented by Law No. 347/2007, texts which have not been
included into the republished version of Government Emergency Ordinance No
194/2002:
Art. II. – (1) Within the term of 6 months from the date this law shall come into
force, aliens who do not hold a right to reside in Romania may request the
Authority for Aliens to issue an order for return, without interdiction of entry to
Romania.
(2) All the situations under processing at the date this law shall come into force
shall be finalized according to the provisions of Government Emergency
Ordinance No 194/2002 on the regime of aliens in Romania, republished, as
subsequently amended and supplemented, as amended and supplemented
hereby.
Art. 8. – Within the contents of valid normative documents, the terms «Authority
for Aliens» and «National Office for Refugees » shall be correspondingly
replaced by the term «Romanian Immigration Office».
Footnotes:
–Law No. 309/2004 on the free circulation on the territory of Romania of the
citizens of the Member States of the European Union and the European
Economic Area, published in
Official Gazette of Romania Part I No. 593 of 1 July 2004, abrogated by
Government Emergency Ordinance No 102/2005 on the free circulation on the
territory of Romania of the citizens of the Member States of the European Union
and the European Economic Area, published in
Official Gazette of Romania Part I No. 646 of 21 July 2005, approved as
amended and supplemented by Law No. 260/2005;